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 III
2012 Atlanta, Ga. Printed on Recycled Paper

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Representative Hall, Atlanta, Georgia

Thursday, March 22, 2012

Thirty-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:

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

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

Heard Heckstall Hembree Hightower Hill Holcomb Holmes Holt Houston Howard Hugley Jackson Jacobs James Jasperse Jerguson Johnson Jones, J Jones, S E Jordan Kaiser Kendrick Kidd Kirby Knight Lane Lindsey E Maddox, B Maddox, G Manning Marin Maxwell

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

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

Due to a mechanical malfunction, Representative Carson of the 43rd 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 Coomer of the 14th, Dobbs of the 53rd, Fludd of the 66th, Horne of the 71st, Hudson of the 124th, Martin of the 47th, McKillip of the 115th, Purcell of the 159th, Riley of the 50th, and Taylor of the 79th.
They wished to be recorded as present.
Prayer was offered by Pastor Shaun D. Heckstall, Abundant Word Church, Riverdale, 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 Bill and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 1303. By Representative Kidd of the 141st:
A BILL to be entitled an Act to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to delegation of authority to physician assistants, so as to authorize a physician to delegate to a physician assistant the authority to prescribe Schedule II controlled substances; to

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require health insurance providers to record the name of a physician assistant providing care and treatment to a patient; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 1977. By Representatives Geisinger of the 48th, Riley of the 50th, McCall of the 30th, Burns of the 157th, Stephens of the 164th and others:

A RESOLUTION creating the House Study Committee on the Horse Racing Industry; and for other purposes.

Referred to the Committee on Rules.

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

HB 1302 HR 1873 HR 1948 SB 523 SB 526

HB 1304 HR 1874 SB 462 SB 525

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 1275 HB 1282 HB 1284 HB 1286 HB 1291 HB 1294 HB 1296 HB 1299 SB 518

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

HB 1281 HB 1283 HB 1285 HB 1287 HB 1293 HB 1295 HB 1297 HB 1301

Do Pass Do Pass 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 1604 Do Pass HR 1745 Do Pass HR 1810 Do Pass

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

HOUSE RULES CALENDAR THURSDAY, MARCH 22, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

SB 227 SB 351 SB 352 SB 489

Education; declarations of intent/attendance records for home study programs; submitted to Dept. of Education rather than local school superintendents (Substitute)(Ed-Smith-131st) Loudermilk-52nd Municipal Courts; require same training for all judges of courts exercising municipal court jurisdiction (Substitute)(Judy-Powell-171st) Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment (Substitute)(JudyNC-Welch-110th) Crosby-13th Georgia Trauma Care Network Commission; report annually; House/Senate Committees on Health and Human Services; outcomes (H&HS-Rynders152nd) Mullis-53rd

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Modified Structured Rule

SB 407 SB 412

Health; repeal creation of the Health Strategies Council, Clinical Laboratory, Blood Bank, and Tissue Bank Committee (H&HS-Cooke-18th) Unterman-45th County Boards of Education; homestead option sales and use tax; county sales and use tax for educational purposes; delay effective date of Code section (Ed-Taylor-79th) Millar-40th

Structured Rule

SB 362

Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions (NR&E-Roberts-154th) Williams-19th

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 1275. By Representatives Stephens of the 164th, Bryant of the 160th, Gordon of the 162nd, Watson of the 163rd, Stephens of the 161st and others:

A BILL to be entitled an Act to amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3587), so as to provide for board membership and staggered terms; to provide for methods of transacting business; to provide for per diem allowances for members and chairperson of the board; to provide for the election of a chairperson; to provide for the audit of books and records of the authority; to repeal a provision providing for financial operations and administrative matters to be performed by Chatham 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.

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HB 1281. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the Ware County Water and Sewer Authority, now known as the Satilla Regional Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to allow members to be elected for unlimited consecutive terms; to repeal a provision relating to expansion of services and addition of members; to reduce the number of days of nonpayment beyond which the authority may disconnect service; to raise the maximum fee for reconnection of service; to exempt the authority from sales and use taxes; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1282. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to change provisions relating to the number of meetings to be held by the board; 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 for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to change provisions relating to the number of meetings to be held by the board; 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 for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, is amended by revising Section 7 to read as follows:
"Section 7. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall hold a regular meeting in each month. At the first meeting each year, or as soon thereafter as practicable, the Board of Commissioners shall organize by setting the date and time for the regular monthly meetings to be held that year and by

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electing one of the members as chairperson and one as vice-chairperson. Any chairperson or vice-chairperson shall hold his or her office until his or her successor is elected, and nothing herein shall prevent the re-election of any chairperson or vicechairperson. The vice-chairperson shall, in the absence or disqualification of the chairperson or during the vacancy in office of chairperson, perform and discharge all of the duties of the chairperson, and in the event of a vacancy in the office of chairperson or vice-chairperson, the same shall be filled by the board at its next regular meeting after such vacancy becomes known. The chairperson shall be the chief executive of the board. He or she shall see that all orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced, and that all the officers, employees, and agents of said board faithfully and impartially discharge the duties required of them. He or she shall have the general supervision of the affairs of the county, acting under orders of the board, and shall preside at all meetings of the board. The chairperson shall have the power to convene the board in extra session upon his or her own motion or upon the written request of the other four members of the board, and shall do so whenever the other four members make such request in writing."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1283. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for Charlton County, approved March 25, 1996 (Ga. L. 1996, p. 3608); to specify the vehicle registration period for Charlton County; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1284. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act changing the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3601), so as to change the

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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 conditional automatic repeal; 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 1285. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, 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 conditional automatic repeal; 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 1286. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. L. 1935, p. 807), as amended, so as to change the description of the commissioner 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1287. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, so as 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.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1291. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), so as to modify provisions relating to the City of Sandy Springs and the executive and judicial officials of such city; 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 an Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), so as to modify provisions relating to the City of Sandy Springs and the executive and judicial officials of such city; 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. An Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), is amended as follows:
"ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Incorporation.
This Act shall constitute the charter of the City of Sandy Springs, Georgia. The City of Sandy Springs, Georgia, in the County of Fulton, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the 'City of Sandy Springs' 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.

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SECTION 1.02. Corporate boundaries.
The boundaries of the City of Sandy Springs shall be as 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 manager 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; (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. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by

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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; (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 preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal elected officials, appointed officials, 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 benefitting 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; (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; (15) 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;

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(16) 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; (17) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) 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; (19) 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; (20) 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; (21) 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, stormwater management, gas works, electric light 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; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) 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; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (25) 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; (26) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city and to regulate the use

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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; (28) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public services, 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. (31) 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; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) 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; (34) Sewer and water fees. To levy a fee, charge, or sewer tax and water fees as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements;

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(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) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by the qualified voters of the City of Sandy Springs; (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of Fulton County, as provided in Code Section 48-5-352 of the O.C.G.A.; and (C) For all years, the billing date or dates and due date or due dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes; (38) Taxes: other. To levy and collect such other taxes 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; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; 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.
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 the laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS
AND LEGISLATIVE BRANCH SECTION 2.01.
City council creation; number; election.

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(a) The legislative authority of the government of Sandy Springs, except as otherwise specifically provided in this Act, shall be vested in the mayor and a city council to be composed of six city councilmembers. References in this Act to the terms 'councilmember' shall not include the mayor. (b) 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. (c) Each city councilmember shall be elected by a majority vote of the qualified electors of his or her respective city council district voting at the elections of the city. For the purpose of electing the six city councilmembers, there shall be six city council districts, designated City Council Districts 1 through 6, as described in Appendix B of this Act and the accompanying Redistricting Plan Components Report, which are attached to and made a part of the charter of the City of Sandy Springs. Each person desiring to offer as a candidate for city councilmember shall designate the city council district for which he or she is offering.
SECTION 2.02. Mayor and city councilmembers; election, terms, and qualifications for office.
(a) Except as otherwise provided in subsection (c) of this section, the mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or city councilmember unless that person shall have been a resident of the area comprising the corporate limits of the City of Sandy Springs for a continuous period of at least 12 months immediately prior to the date of the election for mayor or city 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 Sandy Springs. In addition to the above requirements, no person shall be eligible to serve as a city councilmember representing a city council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for city councilmember and continues to reside in such district during that person's period of service. (b) General municipal elections shall be held on the Tuesday next following the first Monday in November of 2005 and quadrennially thereafter. (c) The first mayor and the initial city councilmembers shall take office on December 1, 2005, and shall serve for terms which expire when their successors take office in January of 2010. Thereafter the mayor and city councilmembers shall take office as provided in Code Section 21-2-541.1 of the O.C.G.A. and serve for terms of four years. The initial members and future members of the governing authority shall serve until their successors are elected and qualified.

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SECTION 2.03. Vacancy; filling of vacancies; suspensions.
The office of mayor or city councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this Act or the general laws of the State of Georgia. A vacancy in the office of mayor or city councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the 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 or any city 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 by majority vote.
The candidates for mayor and city councilmember who receive a majority of the votes cast in the applicable election shall be elected to a term of office. In the event no candidate receives a majority of the votes cast in said election, a run-off election shall be held between the two candidates receiving the highest number of votes. Such run-off shall be held at the time specified by state election law, unless such run-off date is postponed by court order.
SECTION 2.06. Applicability of general laws; qualifying; other provisions.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Except as otherwise provided by this Act, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including but not limited to the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended.

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SECTION 2.07. Compensation and expenses.
Through December 31, 2012, the starting salary of the mayor shall be not less than $25,000.00 and the starting salary for each city councilmember shall be not less than $12,000.00. Effective January 1, 2013, the starting salary of the mayor shall not be less than $40,000.00 and the starting salary for each city councilmember shall not be less than $18,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council shall have authority to vote annually to raise the mayor and city councilmembers' salaries in an amount consistent with the Consumer Price Index or similar inflationary index. The city council may provide by ordinance for the provision of insurance, retirement, workers' compensation, and other employee benefits to the mayor and members of the city council and may provide by ordinance for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties.
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 including inquiries and investigation into the services provided to the city by contractors or other persons doing business with the city. For such purpose, the city council 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 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 city councilmembers 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 [city councilmember or mayor as the case may be] of the City of Sandy Springs, 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 Sandy Springs. 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.

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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 Sandy Springs 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 interest of the City of Sandy Springs to the best of my ability without fear, favor, affection, reward, or expectation thereof.' (b) Following the induction of the mayor and city councilmembers, the city council, by a majority vote of the city councilmembers, shall elect a city councilmember to be mayor pro tempore, who shall serve for a term of four years and until a successor is elected and qualified. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence, except that the mayor pro tempore shall continue to vote as a city councilmember and may not exercise the mayor's prerogative to vote in the case of a tie. During the mayor's disability or absence, the mayor pro tempore may veto any action of city council. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining city councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties in the same manner as the mayor pro tempore. (c) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (d) Special meetings of the city council may be held on the call of the mayor or three members of the city council. Notice of such special meetings shall be delivered to all members of the city council and the mayor personally, by registered mail, or by electronic means, at least 24 hours in advance of the meeting. Such notice to city councilmembers shall not be required if the mayor and all city councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor or a city councilmember 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.
Four city 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 member of city council has a

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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 third affirmative vote required for approval of a matter.
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 Sandy Springs 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 Sandy Springs 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, the city council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as they 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. (c) Except for the services provided by the mayor, city council, and city manager, the city council may establish contracts for services with private or public entities for services authorized by this Act or the laws of this state.

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SECTION 2.13. Boards, commissions, and authorities.
(a) All members of boards, commissions, and authorities of the city shall be nominated by the mayor and be confirmed 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. 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 state law. (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. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the city council. (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.
SECTION 2.14. 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. After the title of any proposed resolution or ordinance is read at a city council meeting, it may be approved and passed at such time by the city council. (b) 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:

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(1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the chapter, article, and section headings contained in this Act shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any chapter, article, or section hereof. (c) 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 members. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.
SECTION 2.15. Submission of ordinances to the mayor.
(a) Every ordinance, resolution, and other action adopted by the city council shall be presented promptly to the mayor. Except for city council approval of appointments to committees, boards, and commissions, the employment of any appointed officer, internal affairs, or matters which must be approved by the voters, the mayor may veto any action adopted by the city council. (b) The veto must be exercised no later than the next regular city council meeting following the meeting at which the action was taken. If an action is disapproved, the mayor shall submit to the city council a written statement of the reasons for the mayor's veto. (c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of city councilmembers necessary to vote on overriding the veto are not present, the action may be continued until the next meeting at which the minimum number of city councilmembers are present. Such action shall not become effective unless it is readopted by the affirmative votes of at least four members of city council within 60 days of the veto. A veto may be overturned and a measure adopted by a vote of four or more city councilmembers. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this charter. (e) If an ordinance or resolution has been signed by the mayor, it shall become effective. If an ordinance or resolution is neither approved nor disapproved by the mayor by the next regular meeting of the city council, it shall become effective.

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ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. Powers and duties of the mayor.
(a) The mayor shall be the chief executive officer of the city government, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. The mayor shall be responsible for the enforcement of laws, rules, regulations, ordinances, and franchises in the city. The mayor may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as specified in this charter or as may be provided by ordinance consistent with this charter. (b) The mayor shall:
(1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the advocate of policy; (3) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (4) See that all laws and ordinances of the city are faithfully executed; (5) Vote on any motion, resolution, ordinance, or other question before the city council only as provided in Section 2.10 of this charter and vote on any matter before a committee on which he or she serves; (6) Obtain short term loans in the name of the city when authorized by the city council to do so; (7) Appoint councilmembers to review the functions of the various departments of the city and report to the mayor and full city council regarding the same; (8) Require the city manager to meet with him or her at a time and place designated for consultation and advice upon the affairs of the city; (9) Name qualified residents of the city to boards and commissions with approval of the city council; (10) Make recommendations to the city council with respect to employment or termination decisions of city employees; (11) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city manager, and the city attorney; and (12) Fulfill and perform such other duties as are imposed by this charter and duly adopted ordinances.

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SECTION 3.02. City manager; appointment, qualification, and compensation.
The mayor shall appoint, subject to confirmation by the city council, for an indefinite term an officer whose title shall be the 'city manager' and the city manager shall serve at the pleasure of the city council. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed.
SECTION 3.03. City manager; chief administrative officer.
The city manager shall be the chief administrative officer of the government of the City of Sandy Springs. Except as approved by the mayor and city council, the city manager must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction.
SECTION 3.04. City manager; powers and duties enumerated.
The city manager shall have the power, and it shall be his or her duty to:(1) See that all laws and ordinances are enforced;
(2) Appoint and employ all necessary employees of the city, provided that excepted from the power of this appointment are those officers and employees who by this Act are appointed or elected by the city council or departments not under the jurisdiction of the city manager; (3) Remove employees employed by said officer without the consent of the city council and without assigning any reason therefore; (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 Act; (5) Attend all meetings of the city council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same;

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(8) Make and execute all lawful contracts on behalf of the city as to matters within said officer's jurisdiction 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) 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; (10) Keep the city council at all times fully advised as to the financial condition and needs of the city; (11) Make a full written report to the city council on the first 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; (12) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (13) Perform such other duties as may be prescribed by this Act or required by ordinance or resolution of the city council.
SECTION 3.05. City council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 3.06. City manager; removal.
(a) The mayor and city council may remove the city manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and

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(3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal and, unless he or she has been convicted of a felony at that time, he or she shall be given not less than 60 days' severance pay. 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 becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.
SECTION 3.07. Acting city manager.
(a) The city manager may designate in writing any administrative employee of the city who shall exercise all powers, duties, and functions of the city manager during the city manager's temporary absence from the city or during the city manager's disability. If such designation has not been made and the city manager is absent from the city or unable to perform the duties of the office or to make such designation, the city council may, by resolution, appoint any qualified administrative employee of the city to perform the powers, duties, and functions of the city manager until the city manager shall return to the city, the disability ceases, or the city council appoints a new city manager. (b) In the event of a vacancy in the office of city manager, the city council may designate 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 nominate and the city council shall confirm by majority vote of the city council a city attorney, together with such assistant city attorneys as may be deemed appropriate, and shall provide for the payment of such attorney or attorneys for services rendered to the city. 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

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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 majority vote of the city council, to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct.
SECTION 3.10. Tax collector.
The mayor may appoint a tax collector, subject to confirmation by majority vote of the city council, to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
SECTION 3.11. City accountant.
The mayor may appoint a city accountant, subject to confirmation by majority vote of the city council, to perform the duties of an accountant.
SECTION 3.12. Consolidation of functions.
The city manager, with the approval of the city council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, 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 approval. Said plan may apply to all employees of the City of Sandy Springs and any of its agencies and offices.

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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 Sandy Springs which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. When convened, the municipal court shall be presided over by a judge of the court.
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 25 years and shall have been a member of the State Bar of Georgia for a minimum of three years. (b) All judges shall be appointed by resolution of the city council and shall serve for a term of four years. The compensation of the judge shall be fixed by the city council by adoption of a resolution. The position of judge created in this article shall not be a fulltime position, and the person serving in said position may engage in the private practice of law; provided, however, a judge may not appear and represent a client before the court. (c) Before entering on duties of his or her office, the appointed judges 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.

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(d) A judge of the municipal court shall serve for the designated term but may be removed from the position by a two-thirds vote of the entire membership of the city council or upon action taken by the State Judicial Qualifications Commission for:
(1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.
SECTION 4.03. Administration.
(a) The position of clerk of the court is created. The clerk shall be appointed by the city manager and shall serve at the pleasure of the city manager. (b) The clerk of the court shall be responsible for all record keeping of the court and bill keeping and collection of all fines received by the court. (c) In addition, the clerk of the court shall serve as administrator of the court, supervising all personnel of the court, setting times and dates for convening of the court, preparing the court docket, scheduling of judges to preside over the court sessions, and for such other services as may be assigned by resolution or ordinance of the council.
SECTION 4.04. Jurisdiction; and powers.
(a) The municipal court shall try and punish for crimes against the City of Sandy Springs and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or imprisonment for 15 days. The municipal court may impose punishment for offenses within its jurisdiction to the full extent allowed by state law. (b) The council shall have authority to establish a schedule of reasonable fees to defray the cost of operation.
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 Fulton 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.
The judges, by majority vote, shall have authority to make reasonable rules and regulations necessary and proper for addressing the operations of the municipal court. The clerk of the court, as administrator of the court, shall prepare reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court. All rules shall be subject to the approval of the city council.
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 improvement program 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.
On or before a date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall, after review and comment by the mayor, submit to the city council a proposed operating budget for the ensuing fiscal year. With the review of the mayor, the budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection.

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SECTION 5.04. Action by city council on budget.
The city council may amend the operating budget proposed by the city manager, except that the budget, as finally amended and adopted, must provide for all expenditures required by 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.
SECTION 5.05. Audits.
(a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.
SECTION 5.06. Homestead exemptions.
Any homestead exemptions applicable to ad valorem taxes levied by the city shall be as provided by Act of the General Assembly pursuant to Article VII, Section II, Paragraph II of the Georgia Constitution.
ARTICLE VI GENERAL PROVISIONS.
SECTION 6.01. Effective dates.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.02. Charter commission.
At the first regularly scheduled city council meeting 15 years after the inception of the City of Sandy Springs, the mayor and city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to

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the city charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of Sandy Springs. All members of the charter commission must reside in Sandy Springs. The commission must complete the recommendations within six months of its creation.
SECTION 6.03. Severability.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 6.06. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A
The corporate limits of the City of Sandy Springs shall consist of the following described territory of Fulton County:
Beginning at the northwest corner of the City of Atlanta, as the boundaries of said city existed on January 1, 2005, at the point where the northerly city limit line of said city intersects the westerly county line of Fulton County and the Chattahoochee River, running thence generally easterly along the said northerly city limit line of the City of Atlanta, following the meanderings thereof, to the point where said line intersects the Fulton-DeKalb County line; run thence northerly, generally easterly, and generally northerly along the easterly county line of Fulton County to the point where the FultonGwinnett County line intersects the Chattahoochee River; run thence generally west and southwest along the southern bank of said river, following the meanderings thereof, to the point of beginning. The corporate limits of the City of Sandy Springs shall also consist of properties, if any, annexed by local ordinance.

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APPENDIX B
City Council Districts 1 through 6 shall consist of the described territory of the City of Sandy Springs identified as 'Plan: sterling1R Plan Type: Local Administrator: Sandy Springs User: Gina'. When used in such plan, the terms 'Tract' and 'BG' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Sandy Springs which is not included in any such district described in that plan shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Sandy Springs which is described in that plan as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included with that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1293. By Representative Harden of the 147th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Crisp County, approved August 8, 1908 (Ga. L. 1908, p. 295), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4091), so as to change the descriptions of commissioner districts and posts 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 until the expiration of the terms of office to which they were elected; to provide for other matters; 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 1294. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Williamson," approved April 7, 1992 (Ga. L.

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1992, p. 5651), so as to change the terms of office of the mayor and members of the city council; to provide for elections; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1295. By Representative Harden of the 28th:
A BILL to be entitled an Act to amend an Act to divide the County of Stephens into school districts, approved March 23, 1977 (Ga. L. 1977, p. 3875), 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 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 1296. By Representative Harden of the 28th:
A BILL to be entitled an Act to authorize the governing authority of the City of Toccoa to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1297. By Representatives Sims of the 169th, Smith of the 168th and Roberts of the 154th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of Jeff Davis County for the purpose of ascertaining whether the judge of the Probate Court of Jeff Davis County shall also serve as the chief magistrate judge of the Magistrate Court of Jeff Davis County; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1299. By Representatives Drenner of the 86th, Henson of the 87th, Mayo of the 91st, Jacobs of the 80th, Gardner of the 57th and others:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of DeKalb County for the purpose of ascertaining whether the local or independent school system in DeKalb County or charter school should place or operate a telecommunications tower on any elementary, middle, or high school property; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1301. By Representatives Stephens of the 164th, Bryant of the 160th, Stephens of the 161st, Gordon of the 162nd, Purcell of the 159th and others:
A BILL to be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 28, 1984 (Ga. L. 1984, p. 4422), as amended, so as to provide for qualifications for magistrates; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 518. By Senators Jones of the 10th, Butler of the 55th, Henson of the 41st, Carter of the 42nd, Millar of the 40th and others:
A BILL to be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the description of commissioner districts; to provide for definitions and inclusions; to provide for election and terms of office of subsequent members; to revise provisions relating to amending the Act; 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 effective dates; 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.
By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate action thereon:
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.
The following Senate substitute was read:
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-s018-h137 Plan Type: Local Administrator: s018 User: Gina'.
(2) 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. (3) Any part of Bibb County which is not included in any district described in paragraph (1) of 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. (4) Any part of Bibb County which is described in paragraph (1) of 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 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. The Board of Commissioners of Bibb 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 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
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.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Plan: bibbccR-2012-s018-h137 Plan Type: Local Administrator: S018 User: Gina
District 001 Bibb County VTD: 021EM1 - EAST MACON 1 VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3 VTD: 021EM5 - EAST MACON 5 VTD: 021EM6 - EAST MACON 6 VTD: 021GF1 - GODFREY 1 VTD: 021GF2 - GODFREY 2 VTD: 021GF4 - GODFREY 4 VTD: 021GF6 - GODFREY 6 012600: 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 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 3028 3029 3030 3031 3032 3033 3035 3036 3037 3042 3043 3044 3045 3046 3047 3049 012700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 2000 2001 2002 2003 2004 2005 2008 2009 2011 2012 VTD: 021RU2 - RUTLAND 2
District 002 Bibb County VTD: 021EM4 - EAST MACON 4 VTD: 021GF3 - GODFREY 3 VTD: 021GF5 - GODFREY 5 VTD: 021GF6 - GODFREY 6 012500: 3020 3021 3022 3023 012600: 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 1028 2028 3027 3034 3038 3039 3040 3041 3048 3050 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 013202: 2010 2011 VTD: 021HA5 - HAZZARD 5 VTD: 021VV1 - VINEVILLE 1 VTD: 021VV2 - VINEVILLE 2 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV4 - VINEVILLE 4 VTD: 021VV5 - VINEVILLE 5 VTD: 021VV7 - VINEVILLE 7 VTD: 021VV8 - VINEVILLE 8
District 003 Bibb County VTD: 021HA2 - HAZZARD 2 VTD: 021HA3 - HAZZARD 3 013201: 2000 2001 2002 2003 2005 2006 2008 2009 2011 2020 2021 2022 2028 2030 2031 2032 2034 2055 013410: 2022 2027 013605: 1005 1006 1007 1008 1010 1011 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
District 004 Bibb County VTD: 021GF7 - GODFREY 7 VTD: 021HA1 - HAZZARD 1 VTD: 021HA3 - HAZZARD 3 013101:

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1069 1070 013201: 2007 2010 2023 2024 2025 2026 2027 2029 2052 2053 2054 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4023 4024 4025 4032 4041 4042 4043 013603: 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 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 013604: 2000 2001 2019 2020 2028 2029 2030 3000 3001 3002 3005 013606: 1010 1011 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 VTD: 021HA4 - HAZZARD 4 VTD: 021HA6 - HAZZARD 6 VTD: 021HA7 - HAZZARD 7 VTD: 021RU1 - RUTLAND 1 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2
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, 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 following Senate substitute was read:
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

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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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) The governmental and corporate powers, duties, and functions now vested in the City of Macon, a municipal corporation created by an Act of the General Assembly, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, are restructured with the governmental and corporate powers, duties, and functions of the County of Bibb and the City of Payne City, such restructuring of the governments of the City of Macon, the City of Payne City, and the County of Bibb being pursuant to the constitutional power granted by Article IX, Section III, Paragraph II of the Constitution of Georgia, as amended. Said restructuring shall result in the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Bibb County, which single government shall supersede and replace the governments of the City of Macon, the City of Payne City, and the County of Bibb, and, to the extent provided in this charter, shall also supersede and replace any public authorities and special service districts located and operating within Bibb County. Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the State of Georgia, to be known as "Macon-Bibb County" (in this charter at times called "the restructured government"), having all of the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Macon, the City of Payne City, and Bibb County, and also the powers, duties, and functions provided in this charter. The restructured government shall be a public corporation; shall have perpetual existence; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Macon, the City of Payne City, and the County of Bibb; by the name of Macon-Bibb County shall be able to contract and be contracted with, sue and be sued as provided by this charter, plead and be impleaded in all courts of this state, and do all other acts relating to its corporate capacity; and shall be able in law and equity to purchase, have and hold, receive, enjoy, accept, possess, and retain for the use and benefit of said Macon-Bibb County, in perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements, or hereditaments of whatsoever kind or nature inside or outside the territorial limits of the restructured government, as may be devised, bequeathed, sold, or by any manner conveyed or dedicated to or otherwise acquired by the restructured government and to use, manage, improve, sell and convey, rent, or lease same; and to have and use a common seal. From and after the effective date of this charter, the political subdivision

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known as Bibb County, Georgia, and the municipal corporations known as the City of Macon and the City of Payne City shall be merged into the said new political entity created in this charter. (b) The territory embraced in the restructured government shall be the total area of Bibb County, as the same may be now or hereafter fixed and established by law. Any portion of the City of Macon as it exists on December 31, 2013, which extends in to any other county shall not be included in the territory of the restructured government and shall on January 1, 2014, become unincorporated land of the county in which it is located.
SECTION 2. (a) The restructured government shall have and be vested with, to the same extent as if repeated in this charter, all rights, powers, duties, privileges, and authority that the City of Macon, the City of Payne City, or Bibb County, or all collectively, have under the Constitution and general and special laws of Georgia at the time of the adoption of this charter, except as expressly modified in this charter. (b) In addition to the foregoing, the restructured government shall have all rights, powers, duties, privileges, and authority conferred or enlarged by this charter, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges, and authority, whether express or implied, that may now be vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution and laws of this state, including the powers vested in the restructured government by this charter. (c) The restructured government, in addition to the rights, duties, powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter and to do and perform all of the acts pertaining to its local affairs, property, and government that are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (d) No enumeration of any right, power, privilege, or authority hereinafter made shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this charter. (e) No repeal of any law under which the restructured government derives any right, power, privilege, or authority, except by amendment of this charter as provided in this charter, shall be construed as limiting or abolishing any such right, power, privilege, or authority set forth in this charter. (f) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the restructured government. General laws of local application through classification by population, not in conflict with this charter:

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(1) Which on the effective date of this charter apply to the City of Macon or Bibb County shall be applicable to the restructured government; and (2) Which apply to the restructured government as either a city or a county at the time of their enactment or thereafter shall be effective, but those which did not apply to the City of Macon or Bibb County or the restructured government at the time of their enactment shall not become applicable to the restructured government except through the adoption of a resolution to that effect by the commission. (g) Local Acts of the State of Georgia which apply specifically to Bibb County, the City of Payne City, or the City of Macon, or all collectively, shall be applicable to the restructured government. (h) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Bibb County, the City of Payne City, or the City of Macon, or all collectively, the following terms as used in such laws shall be construed to include the restructured government as follows: (1) "City," "town," "municipal corporation," or "municipality" shall be construed to include Macon-Bibb County; (2) "County" shall be construed to include Macon-Bibb County; (3) "Commissioners of roads and revenues" and "board of county commissioners" shall be construed to include the commission of Macon-Bibb County; (4) "Council," "mayor and council," "aldermen," and "board of aldermen" shall be construed to include the commission of Macon-Bibb County, Georgia; and (5) Any other terms and provisions as used in such Acts to refer specifically to Bibb County or the City of Macon, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Macon-Bibb County and its officers, employees, departments, and agencies. (i) In construing the applicability of laws in force to the restructured government, the following order shall prevail: (1) The Constitution of the State of Georgia; (2) The general laws of uniform application now in force or hereafter enacted by the General Assembly, as distinguished from general laws of local application through classification by population, applicable to municipal corporations or counties, or both; (3) The general laws of local application through classification by population as and to the extent provided in subsection (a) of this section; (4) Special laws applicable to Bibb County, not in conflict with this charter; (5) Special laws applicable to the City of Macon, not in conflict with this charter; (6) Special laws applicable to the City of Payne City, not in conflict with this charter; (7) This charter and all ordinances and resolutions passed pursuant thereto; and (8) Existing ordinances and resolutions of the former City of Macon and City of Payne City and existing ordinances and resolutions of the former County of Bibb not in conflict with this charter. (j) The tort and nuisance liability of the restructured government shall follow the law and rules of tort liability applicable to counties in Georgia.

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(k) For purposes of all applicable laws, the restructured government shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail; provided, however, that the redistricting of commission districts shall be accomplished solely by local law. (l) The restructured government shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including, but not limited to, community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sewer and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds, or a combination thereof, for any such purposes in accordance with the provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the restructured government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency.
SECTION 3. (a) Prior to the effective date of this charter, all powers vested in Bibb County, the City of Macon, or the City of Payne City, or any of their respective officers, agents, or agencies shall remain in full force and effect. Upon such effective date, the board of commissioners of Bibb County, the mayor and council of the City of Macon, the mayor and council of the City of Payne City, and the offices of all members thereof shall stand abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Bibb County, the City of Macon, and the City of Payne City shall terminate as such separate political entities and be merged into the government created by this charter. (b) When an agency of the City of Macon, the City of Payne City, or Bibb County is abolished or restructured by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of the same shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred. (c) Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Macon, the City of Payne City, or Bibb County may continue to perform the duties thereof until a successor, whether under the same title of office or another, shall be elected or appointed and qualified to perform the duties, it being the intention of this charter that no duty or service shall lapse or be abandoned because of lack of an officer to perform same.
SECTION 4. (a) All contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Macon, the City of Payne City, or Bibb County or for its benefit prior to

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the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of Macon-Bibb County. (b) No action or proceeding of any nature, whether civil or criminal, judicial or administrative, or otherwise, pending on the effective date of this charter by or against the City of Macon or its departments and agencies, the City of Payne City or its departments and agencies, or Bibb County or its departments or agencies shall be abated or otherwise affected by the adoption of this charter. (c) The departmental organization of the cities existing immediately prior to adoption of this charter shall continue in effect upon the effective date of this charter until such organization is changed or reorganized as provided by ordinance of the commission and administrative regulations consistent therewith. (d) The provisions of this charter notwithstanding, the annual compensation of the mayor and councilmembers of the City of Macon and the City of Payne City for the remainder of their present terms of office shall be the same annual compensation as such officers received in the calendar year immediately preceding the date of adoption of this charter.
SECTION 5. The governing authority of Macon-Bibb County shall consist of a commission of said county composed of a mayor and nine commissioners. Said board is designated as the Macon-Bibb County Commission, referred to in this charter as the "commission." The members of said commission are designated and referred to in this charter as "commissioners." The commission shall exercise and be subject to all of the rights, powers, duties, and obligations imposed by this charter or previously applicable to the governing authorities of the City of Macon, the City of Payne City, and Bibb County and to any general laws, local laws, or constitutional provisions applicable or effective within the former City of Macon, City of Payne City, and Bibb County. The commission shall constitute a county as well as a municipality for the purpose of the application of the general laws and Constitution of this state. The commission may exercise the powers vested in the governing authority of the municipality and municipalities generally as well as the powers vested in the former governing authority of the county and counties generally.
SECTION 6. The governing authority shall exercise the jurisdiction, powers, and authorities vested in such body by this charter and perform and discharge the duties, obligations, and responsibilities imposed upon it by law, either directly or through such officers, agents, and employees as it may from time to time ordain, constitute, and appoint in addition to those created and provided for in this charter; and the governing authority shall, except as otherwise provided in this charter, prescribe by ordinances or resolutions the manners and methods in which such jurisdiction, powers, authorities, duties, obligations, and responsibilities shall be exercised, performed, and discharged, and the respective officers, agents, and employees by whom the several portions thereof shall be exercised, performed, and discharged.

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SECTION 7. On the effective date of this charter, the operations and employees of the Municipal Court of the City of Macon shall continue its operations without interruption resulting from the adoption of this charter. The employees of such court shall become employees of the restructured government of Macon-Bibb County. The court shall be known as the Municipal Court of Macon-Bibb County. The judge of the Municipal Court of the City of Macon shall be authorized to serve as the judge of said court. Vacancies in the office of judge of the Municipal Court of Macon-Bibb County shall be filled by appointment of the mayor. Such court shall have jurisdiction as provided by law for municipal courts for all covered offenses and all code and ordinance violations occurring in Macon-Bibb County.
SECTION 8. Except as otherwise provided in this charter, the duties of the sheriff, the tax commissioner, the coroner, and the clerk of the superior court shall remain as such duties are presently imposed by law for such respective officers as county officers; provided, however, that such duties may be expanded and enlarged by the governing authority to include like duties and responsibilities in connection with the affairs of the restructured government. The compensation paid to any such officer shall be fixed as heretofore provided by law and may not be reduced during his or her term of office below the amount of such compensation as fixed at the commencement of such term, nor shall his or her compensation during his or her term of office in effect upon the effective date of this charter be reduced below the salary then being paid such officer. Such compensation as so fixed shall be the sole remuneration to such officers for their services and any and all other compensation for such services to Macon-Bibb County, the State of Georgia, or any agency thereof, including salaries, fees, commissions, fines, or forfeitures received from any source whatsoever, shall be the property of Macon-Bibb County and paid into its treasury.
SECTION 9. (a) The territory of the restructured government shall consist of nine election districts to be designated as Commission Districts 1 through 9 and the boundaries of the initial districts shall be as described in the districting plan attached to and made a part of this charter and further identified as 'Plan: bibbcon12-hd139p2r-rev2 Plan Type: Local Administrator: Bibb Co. User: Gina'.
(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 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 Macon-Bibb County which is not included in

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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 Macon-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. (4) Except as otherwise provided in the description of any election 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. (c) The commission shall consist of nine members. The initial commissioners shall be elected at an election held on the Tuesday next following the first Monday in November, 2013, for terms of three years and until their successors are duly elected and qualified. A primary shall be conducted in accordance with law prior to such election. Their successors shall be elected for terms of four years. The members shall be elected from the nine districts specified in subsection (a) of this section by a majority of electors voting in such election from such district. All members of the commission shall be full voting members of the commission. The mayor shall be the presiding officer of the commission but shall not be a voting member of the commission; provided, however, that the mayor may cast a vote on any matter before the commission to break a tie. The mayor may propose ordinances in the same manner as a commissioner. (d) No person shall be eligible to serve as a commissioner unless he or she: (1) Has been a resident of Macon-Bibb County for a period of one year immediately prior to the date of the election; (2) Continues to reside within the commission district from which elected during his or her term of office; (3) Is a registered and qualified elector of Macon-Bibb County; and (4) Meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. (e)(1) Each commissioner shall be paid an annual salary of $15,000.00. Future changes in the salary and expenses of the commissioners shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. and in accordance with the procedures of Code Section 36-5-24 of the O.C.G.A.; provided, however, that any increase in the salary or compensation of commissioners shall equal no more than one-half of the average percentage salary increase granted by such governing authority to the restructured government employees over the preceding three years. (2) Any action to increase the salary of commissioners shall not become effective until the date of commencement of the terms of those commissioners elected at the next regular election following such action.

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(3) In addition to salary and subject to appropriations, commissioners shall be reimbursed for all actual expenses reasonably and necessarily incurred in carrying out the duties and responsibilities of the restructured government as provided by rule or regulation. (f) The commission shall elect from among its members in January of each year a member to serve as mayor pro tempore, who shall preside over meetings of the commission in the mayor's absence. (g) For purposes of eligibility for employee benefits, the commissioners shall be deemed to be part-time employees.
SECTION 10. (a) Those members of the board of commissioners of Bibb County elected to take office in January, 2013, and the mayor and those members of the commissions of the City of Macon and the City of Payne City who are serving as such on the second Monday of January, 2013, and any persons filling vacancies in such offices shall continue to serve as such members until the second Monday of January, 2014, and then all such offices shall be abolished and all terms of office shall expire. After the second Monday of January, 2013, no further elections shall be conducted to elect members of the board of commissioners of Bibb County and the mayor and members of the commission of the City of Macon and the City of Payne City and all elections for the mayor and the members of the commission shall be conducted pursuant to this charter. (b) The initial mayor shall be elected in an election to be held on the Tuesday after the first Monday in November, 2013. A primary shall be conducted in accordance with law prior to such election. Candidates shall be nominated and elected by majority vote as provided in this section. The person elected as mayor at such election shall take office on the second Tuesday of January, 2014, for an initial term of three years and until a successor is elected is and qualified. Thereafter, each successor to the office of mayor shall be elected at the general election to be held on the Tuesday following the first Monday in November immediately preceding the expiration of a term of office, shall take office on the second Monday of January immediately following the date of the election, and shall have a term of office of four years and until a successor is elected and qualified. The mayor shall be elected by a majority vote on a county-wide basis by the electors of the entire county. (c) To be eligible for election to the office of mayor, a person at the time of election shall:
(1) Have attained the age of 27 years; (2) Have resided in Macon-Bibb County for at least one year; (3) Be a qualified elector of the restructured government; and (4) Meet any other requirements as may be established by general law. (d) Except as otherwise provided in this section, all primaries and elections for the mayor and members of the commission shall be in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code," as now or hereafter

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amended. Any person who is a registered voter of Macon-Bibb County shall be eligible to vote in any election under this section. (e) The mayor shall be limited to serving a total of no more than two four-year terms. Each commission member shall be limited to serving a total of three four-year terms. An initial term of less than four years shall nevertheless be deemed a full term for purposes of this subsection. Prior service as an officer of the City of Macon or Bibb County shall not be computed for such limitations.
SECTION 11. (a) The commission shall provide by ordinance for the execution of all powers, functions, rights, privileges, duties, and immunities of the restructured government and its officers, agencies, or employees as provided by this charter or general state law. (b) Without limiting the general legislative powers of the commission, it is empowered to:
(1) Adopt all annual appropriations for the restructured government by ordinance and any supplements or amendments the commission deems necessary from time to time during the fiscal year; (2) Adopt, by ordinance, a fiscal year for the restructured government and each of its departments, boards, or other agencies and any other ordinances for the regulation and management of the financial affairs of the restructured government it deems necessary; (3) Adopt, by ordinance, provisions for governmental reorganization including the establishment, alteration, or abolishment of any and all nonelective offices, positions, departments, and agencies of the restructured government unless otherwise established or provided by this charter; (4) Adopt ordinances establishing any and all personnel policies it deems necessary for an adequate and systematic handling of personnel affairs; (5) Make adjustments, by ordinance, to the boundaries of commission districts of the restructured government as provided in Section 9 of this charter; (6) Establish committees of its members for legislative, investigative, and study purposes without the need for approval of the mayor; (7) Establish and appoint any board or commission of citizens to advise the commission as it deems necessary without the need for approval by the mayor; provided, however, that the term of such boards or commissions shall automatically expire at the end of the term of office of the commission who appointed same, if not earlier abolished by the commission; (8) Grant franchises or make contract 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; (9) Provide for the collection of residential solid waste throughout Macon-Bibb County; and

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(10) Adopt any other ordinance, resolution, or amendment to this charter as is allowed or not denied now or hereafter under general state law or this charter and exercise any other power as may be provided now or hereafter under general state law, this charter, or ordinance.
SECTION 12. The commission shall, upon the approval of the mayor and five commissioners or the approval of six commissioners, provide for an independent annual audit of all restructured government accounts and may provide for more frequent or continuing audits as it deems necessary. Audits shall be made by a certified public accountant or firm of certified public accountants who has no personal interest, direct or indirect, in the fiscal affairs of the restructured government or any of its officers. The commission may designate the accountant or firm annually, provided that the designation for any particular fiscal year shall be made no later than 30 days after the beginning of the fiscal year. The commission may also provide for special independent audits of any office, department, board, commission, or other agency of the restructured government without the need for approval by the mayor.
SECTION 13. The commission, upon the approval of the mayor and five commissioners or upon the approval of six commissioners, may initiate inquiries and investigations into the affairs of the restructured government and the conduct of any department, office, or agency of the restructured government or any joint or independent commission, board, or authority of the restructured government. Any participant in any hearing authorized may request that such hearing be closed to the public and all reports to the commission of the result of any inquiry or investigation by an authorized committee may be closed to the public; provided, however, that all such hearings shall be subject to Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings. Any action taken by the commission as a result of such inquiry or investigation shall be taken at and during an open meeting.
SECTION 14. (a) All of the executive powers of the restructured government are vested in the mayor. The mayor shall be the chief executive officer of Macon-Bibb County and shall be responsible for execution of the laws and policies of the restructured government and applicable state and federal laws. The mayor shall possess and exercise the following executive and administrative powers and duties:
(1) To see that the ordinances, resolutions, and regulations of the restructured government and laws of this state are faithfully executed and enforced; (2) To exercise supervision over the executive and administrative affairs of the restructured government and to provide for the coordination of executive and administrative activities;

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(3) In addition to the appointments provided for in Section 16 of this charter, to appoint department heads, subject to the approval of a majority of the commission, to serve at the pleasure of the mayor; (4) To sign and approve deeds, bonds, contracts, and other instruments and documents in any case in which the legal instruments must be in writing or where the general laws of this state or ordinance or resolution of the commission so require; (5) To submit to the commission annually a draft of the recommended appropriations ordinance, the budget message, and the budget report and to submit annually to the commission a capital improvement program; (6) To conduct studies and investigations and to make recommendations to the commission for legislation concerning all matters relating to the restructured government and the welfare of its citizens; (7) To represent the restructured government in its intergovernmental relations; (8) To appoint the attorney, fire chief, municipal county judge, and county manager for the restructured government, with the approval of a majority of the commission, who shall serve at the pleasure of the mayor; (9) To provide an annual financial audit of all authorities and provide a report of such audit to the commission; and (10) To perform any other duties as may be required by law, ordinance, or resolution. (b)(1) Every ordinance adopted by the commissioners shall be presented promptly by the clerk of commission to the mayor after its adoption. (2) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk of commission with or without the mayor's approval or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk of commission; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the commissioners through the clerk of commission a written statement of the reasons for the veto. The clerk of commission shall record upon the ordinance the date of its delivery to and receipt from the mayor. (3) Ordinances vetoed by the mayor shall be presented by the clerk of commission to the commissioners at their next meeting. If the commissioners then or at their next meeting adopt the ordinance by an affirmative vote of at least six members, it shall become law. (4) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the commissioners over the mayor's veto as provided in this subsection. The reduced part or parts shall be presented to the commissioners as though disapproved and shall not become law unless overridden by the commissioners as provided in paragraph (3) of this subsection. (c) The mayor shall be considered full time and he or she shall receive an annual salary of $100,000.00. In addition, the mayor shall be reimbursed for all actual expenses

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reasonably and necessarily incurred in the performance of his or her official duties, subject to appropriations. Future changes in the salary and expenses of the mayor shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. and in accordance with the procedures of Code Section 36-5-24 of the O.C.G.A.; provided, however, that any increase in the salary or compensation of the mayor shall equal no more than one-half of the average percentage salary increase granted by the governing authority to restructured government employees over the last preceding three years. (d) For purposes of eligibility to receive employee benefits, the mayor shall be deemed to be a full-time employee.
SECTION 15. (a) In the event that the office of mayor or any commissioner shall become vacant for any cause whatsoever, the commission or those remaining shall, by resolution, order a special election to fill the balance of the unexpired term of that office. (b) If, however, the vacancy in any commission seat occurs within 12 months of the expiration of the term of that office, the commission or those remaining may, within 20 days of the occurrence of the vacancy, appoint a successor for the remainder of the term. (c) If, however, a vacancy in the office of the mayor occurs, the mayor pro tempore shall be acting mayor with all the powers and duties of that office until a successor is elected and qualified, and if the vacancy in the office of the mayor occurs within 12 months of expiration of the term of that office, the mayor pro tempore shall succeed to the office of the mayor for the remainder of the term and the commission seat of such person shall be filled in accordance with this section.
SECTION 16. (a)(1) The mayor shall, subject to the approval of a majority of the commission, appoint an officer whose title shall be county manager who shall serve at the pleasure of the mayor. The county manager officer shall be appointed solely on the basis of executive and administrative qualifications. The county manager officer shall hold a master's degree in public or business administration or a related field and shall have at least four years' experience in public administration or in business management in the private sector or shall hold a bachelor's degree in public or business administration or a related field and shall have at least eight years' experience in public administration or in business management in the private sector. Such person need not be a resident of Macon-Bibb County or the State of Georgia at the time of appointment. (2) The mayor shall, subject to a majority vote of all commissioners then serving, appoint a clerk of commission who shall serve at the pleasure of the mayor. The clerk of commission may also serve as clerk of the restructured government or on any other positions he or she may be appointed to in the restructured government. (3) The clerk of the commission shall attend all meetings of the commission; keep the minutes, rules, and records of the commission; provide notice of meetings; and

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perform other duties required by the commission or by ordinance. The compensation of the clerk shall be as fixed by the commission. (4) The chief of the Macon-Bibb County Fire Department shall be appointed by the mayor with the approval of a majority of the commission, shall serve at the pleasure of the mayor, and shall perform his or her official duties as the chief firefighter throughout the entire limits of Macon-Bibb County. (b) The county manager officer shall have the following powers, duties, and responsibilities: (1) To serve as director of the department of administration; (2) To advise and assist the mayor in the performance of designated duties; (3) To coordinate the activities of the departments of the restructured government; (4) To serve as a liaison between the mayor and the departments of the restructured government; (5) To carry out the written directives of the mayor; provided, however, that the mayor shall not be authorized to delegate to the chief administrative officer any of the powers or duties conferred upon the mayor by charter or by ordinance; (6) To make periodic reports with any recommendations to the mayor as required by the mayor or as he or she deems appropriate concerning the affairs of the restructured government; and (7) To perform any other duties as shall be required by the mayor. (c) Except for the purpose of inquiry and investigation, the commission shall deal with employees of the unified government other than those who are subject to appointment and removal by the mayor solely through the county manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. (d) There shall be an attorney for the restructured government who shall be appointed by the mayor with the approval of a majority of the commission and shall serve at the pleasure of the mayor. Such person shall be an active member of the State Bar of Georgia in good standing and shall have been engaged in the active practice of law for at least five years prior to the date of appointment. The attorney shall be legal counsel to the restructured government and perform any other duties as may be provided by ordinance. Such person shall be responsible to the mayor and to the commission. The compensation of the attorney shall be as prescribed by a duly adopted ordinance. The attorney shall recommend legal counsel to all authorities of the restructured government when needed except as otherwise instructed by the mayor. (e)(1) There shall be a finance officer who shall be appointed by the mayor with the approval of a majority of the commission and shall serve at the pleasure of the mayor. (2) The finance officer shall perform financial duties for the restructured government and any other duties as may be provided by ordinance. Such person shall be responsible to the mayor and to the commission.
SECTION 17. (a) The newly elected mayor and commissioners shall take office and meet for organization and swearing-in ceremonies on the second Tuesday of January following

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their election. There shall be a committee on committees made up of the mayor, the mayor pro tempore, and an additional commissioner appointed by the mayor and the mayor pro tempore. The committee on committees shall create, abolish, and appoint all committees and the membership thereof. The mayor and the mayor pro tempore shall not be a voting member of any committee established by the committee or committees. At this meeting, the newly organized commission shall make any appointments and selections as may be required by this charter. (b) At the meeting provided for in subsection (a) of this section, the newly elected mayor and commissioners shall each qualify to take office by taking the oath of office for public officials as provided by state law and the following oath:
"I do solemnly swear or affirm that I will well and truly perform the duties of (mayor or commissioner, as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of Macon-Bibb County and the common interest thereof."
SECTION 18. No person shall fill a vacancy for an unexpired term by appointment of the commission unless that person receives a majority of the votes of all commissioners then serving.
SECTION 19. (a) Six members of the commission shall constitute a quorum for the transaction of ordinary business, but the affirmative vote of at least five members shall be required for the commission to take official action. Official action of the commission shall be entered upon its minutes. Any member of the commission shall have the right to request a rollcall vote. (b) The commission may fix the date and time of regular meetings in the commission rules of procedure but there shall be at least one regular meeting each month. (c) Special meetings of the commission may be held on call of the mayor pro tempore or a majority of all members of the commission. The mayor shall also be authorized to call special meetings regarding fiscal affairs or emergencies involving public safety. Notice of a special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. If, after diligent effort, personal service is not possible, notice shall be deemed to have been served if delivered to the residence of record of the member by a law enforcement officer who certifies that such delivery was made at least 24 hours prior to the convening of the meeting. This notice to commissioners shall not be required if all commissioners are present when the special meeting is called. This notice of any special meeting may be waived by a commissioner in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in the commissioner's presence. Only the business stated in the call may be transacted at the special meeting. (d) All meetings of the commission shall be public to the extent required by general state law and notice to the public of special meetings shall be made fully as is reasonably possible 48 hours prior to the meetings.

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(e)(1) To meet a public emergency affecting life, health, property, or public peace, the commission may convene on call of the mayor, the mayor pro tempore, or a majority of all commissioners and promptly adopt an emergency ordinance, but this ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. It shall become effective upon adoption and approval or at any later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (2) Such emergency meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 20. (a) Elected and appointed officers and employees shall demonstrate by their example the highest standards of ethical conduct, to the end that the public may justifiably have trust and confidence in the integrity of government. They, as agents of public purpose, shall hold their offices or positions for the benefit of the public, shall recognize that the public interest is their primary concern, and shall faithfully discharge the duties of their offices regardless of personal consideration. (b) No elected official, appointed officer, or employee of the restructured government, any authority of the restructured government, or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction in which the person has a financial interest which is incompatible with the proper discharge of official duties; (2) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3) Accept any valuable gift from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign;

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(4) Represent private interests, other than his or her own, in any action or proceeding against the restructured government or any portion of its government; or (5) Vote or otherwise actively participate in the negotiation or the making of any contract between the restructured government and any business or entity in which he or she has a substantial financial interest. (c) Any elected or appointed officer or employee of the restructured government, any authority of the restructured government, or any agency or political entity to which this charter applies who possesses or who acquires any financial interest as might reasonably tend to create a conflict with the public interest shall make full disclosure in writing to the appointing authority or the commission, in the case of a member of the commission, at any time a conflict becomes apparent. The disclosure statement shall be made a matter of public record and be filed with the clerk of commission. Any member of the commission who has any personal or private interest, indirect, financial, or otherwise, in any proposal before the commission shall disclose the interest in writing to the commission. The disclosure shall be made a matter of public record prior to the taking of any vote on the proposal. (d) No elected member of the governing authority of Macon-Bibb County nor any company or business in which such elected member or a member of his or her immediate family presently has an interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties, shall do business with an authority associated with Macon-Bibb County nor an authority whose members in whole or in part are appointed by the governing authority of MaconBibb County nor shall any member of an authority of the restructured government do business with an authority associated with Macon-Bibb County or an authority whose members in whole or in part are appointed by the governing authority of Macon-Bibb County. (e) No elected official, appointed officer, or employee of the restructured government, any authority of the restructured government, or any agency or entity to which this charter applies shall use property owned by the restructured government for financial benefit, convenience, or profit except in accordance with policies of the restructured government. (f) Any violation of this charter which occurs with the knowledge, express or implied, of another party to a contract or sale shall render the contract or sale involved voidable and rescindable as to that party, at the option of the commission. (g) Except where authorized by law, neither the mayor nor any commissioner shall hold any other elective or compensated appointive office in the government of Macon-Bibb County or otherwise be employed by Macon-Bibb County or any agency thereof during the term for which such official was elected, provided that the provisions of this section shall not apply to any elective office holder in office on the effective date of this charter. (h) No person shall be hereafter appointed by the mayor, commission, or any member thereof, to any office, agency, or employment who is related within the third degree of consanguinity or affinity to the mayor or any member of the commission, nor shall any

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other board created by this charter or the head of any department of the restructured government hereafter appoint or employ any person who is so related to any member of such board or head of such department; nor shall any person be hereafter appointed or employed in any capacity on behalf of the restructured government who is so related to the person so appointing or employing him or her. (i) Employees of Macon-Bibb County may individually exercise their right to vote and privately express their views as citizens, but no employee of Macon-Bibb County shall:
(1) Use his or her official authority or capacity for the purpose of interfering with or affecting the result of an election or nomination for office; or (2) Directly or indirectly coerce, attempt to coerce, or command a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes. (j)(1) A knowing violation of this section shall be a misdemeanor. (2) Any officer or employee of Macon-Bibb County who knowingly violates any requirement of this section shall upon conviction be guilty of malfeasance in office or position and shall forfeit the office or position. (3) The appointing authority may reprimand, put on probation, demote, suspend, or discharge an employee or appointed officer found to have violated the standards of conduct established by this section.
SECTION 21. (a) The general obligation bonded indebtedness of the City of Macon which is outstanding on the effective date of this charter shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Macon as said corporate limits existed on the day immediately preceding the effective date of this charter. The ad valorem taxes imposed by the City of Macon prior to the effective date of this charter to retire such bonded indebtedness shall continue to be imposed within the special tax district in the same manner and to the same extent that such ad valorem taxes were previously imposed by the City of Macon in accordance with the terms of the obligations of such bonded indebtedness. The commission, as the governing authority of Macon-Bibb County, shall be the successor to the previously existing governing authority of the City of Macon for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (b) The general obligation bonded indebtedness of the City of Payne City which is outstanding on the effective date of this charter shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Payne City as said corporate limits existed on the day immediately preceding the effective date of this charter. The ad valorem taxes imposed by the City of Payne City prior to the effective date of this charter to retire such bonded indebtedness shall continue to be imposed by the commission within the special tax district in the same manner and to the same extent that such ad valorem taxes were previously imposed by the City of Payne City in accordance with the terms of the obligations of such bonded

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indebtedness. The commission, as the governing authority of Macon-Bibb County, shall be the successor to the previously existing governing authority of the City of Payne City for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (c) The general obligation bonded indebtedness of Bibb County outstanding on the effective date of this charter shall not be affected by this charter, and the commission, as the governing authority of Macon-Bibb County, shall become the successor to the previously existing governing authority of Bibb County for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (d) Each special tax district created by this section shall cease to exist upon the full satisfaction of all relative bonded indebtedness, but not later than July 1, 2019. At the time the final special tax district ceases to exist, this section shall stand repealed.
SECTION 22. (a) Existing ordinances and resolutions of the board of commissioners of Bibb County and existing rules and regulations of departments or agencies thereof not inconsistent with the provisions of this charter shall continue to be effective as ordinances and resolutions of the commission and as rules and regulations of the appropriate department or agency thereof until they are modified or repealed. (b) Existing ordinances and resolutions of the board of commissioners of Bibb County and existing rules and regulations of departments and agencies of Bibb County which, by their terms or by their operation, were applicable prior to the effective date of this charter throughout the territorial limits of Bibb County shall continue to be effective throughout the territorial limits of Bibb County until such time as the commission, by resolution or ordinance, modifies or repeals such ordinances, resolutions, or regulations. (c) Existing ordinances and resolutions of the commission of the City of Macon which are not inconsistent with the provisions of this charter shall continue to be effective as ordinances and resolutions of the commission until they are modified or repealed. (d) In the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the restructured government that such ordinance or resolution applied to prior to the effective date of this charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (e) Through December 1, 2013, all ordinances and resolutions shall apply uniformly throughout the area of the restructured government. Prior to this date, the transition task force created pursuant to Section 37 of this charter shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to produce a uniform body of ordinances and resolutions free of any conflicts or contradictions between such provisions.

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SECTION 23. (a) Until July 1, 2014, the restructured government shall operate under the funds remaining from the fiscal year 2013-2014 of the combined budgets of the City of Macon, the City of Payne City, and Bibb County.
(b)(1) The first full 12 month budget of the unified government for fiscal year 2015 shall not exceed an amount equal to the combined fiscal year general operating budgets of the City of Macon, Payne City, and Bibb County, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds including, without limitation, special purpose local option sales tax and transportation special purpose local option sales tax funds. (2) The 12 month budget of the unified government for fiscal year 2016 shall not exceed an amount equal to 95 percent of the fiscal year 2015 general operating budget, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. (3) The 12 month budget of the unified government for fiscal year 2017 shall not exceed an amount equal to 90 percent of the fiscal year 2015 general operating budget, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. (4) The 12 month budget of the unified government for fiscal year 2018 shall not exceed an amount equal to 85 percent of the fiscal year 2015 general operating budget, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. (5) The 12 month budget of the unified government for fiscal year 2019 shall not exceed an amount equal to 80 percent of the fiscal year 2015 general operating budget, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. (c) The budget limits established by subsection (b) of this section may be exceeded by not more than 25 percent in any given year if extreme economic circumstances require or if additional expenditures for public safety purposes are needed but only by a vote of six of the nine commissioners at an open meeting after notice on the official website of Macon-Bibb County once a week for two consecutive weeks prior to the meeting and the hearing of public comments. (d) The tax assessments made by the board of tax assessors of Bibb County and the City of Macon and the City of Payne City as of the effective date of this charter shall constitute the basis for the assessment and collection of taxes of the commission for the calendar year in which this charter becomes effective. (e) It is the purpose of this section that property shall be subject to taxation in relation to services received. (f) Within four years of the effective date of this charter, the restructured government shall adopt a service delivery plan.

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SECTION 24. The commission may create special services tax districts and shall assess, levy, and collect ad valorem taxes and collect service charges and fees for the provision of district services within a special services district only in accordance with the kind, character, type, and degree of district services provided by the commission within such special services tax district. The provisions of this section shall control ad valorem taxation and the collection of service charges and fees for the provision of district services within special services tax districts by the commission. District services shall mean and include all of those governmental services enumerated in Article IX, Section II, Paragraph III of the Constitution.
SECTION 25. (a) All employees and former employees of Bibb County, the City of Payne City, and the City of Macon and of every agency, instrumentality, commission, or authority thereof shall retain those pension rights, if any, which had accrued to them prior to the effective date of this charter under any pension plan adopted by law or by ordinance or resolution by the board of commissioners of Bibb County, the mayor and commissions of the City of Macon, or the governing authority of the City of Payne City. The commission shall assume on the effective date of this charter all obligations arising under all such pension plans, but the assumption of such obligations by the commission shall not create any obligation on the part of the commission or create any right which did not exist prior to the effective date of this charter. (b) The commission is authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Macon, the City of Payne City, Bibb County, or of any agency of such former governments.
SECTION 26. (a)(1) The mayor shall submit to the commission at least six weeks prior to the start of the fiscal year a budget message and a budget report, accompanied by a draft of the recommended appropriations ordinance, in a form and manner as may be prescribed by ordinance, which shall provide for the appropriation of the funds necessary to operate all the various departments and to meet the current expenses of the restructured government for the next fiscal year. Such ordinance must be approved by a two-thirds' majority vote of the commissioners then serving. (2) The commission shall annually appropriate the funds necessary to operate all the various departments and to meet the current expenses of the restructured government

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for the next fiscal year. The fiscal year of Macon-Bibb County shall be as determined by ordinance. (b)(l) Each appropriations ordinance, as enacted or as amended from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for any mandatory appropriations required to meet contractual obligations or the continued appropriation and authorization of state or federal grants. (2) The commission shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the city treasury at the beginning of the fiscal year, together with an amount not greater than the total receipts from existing revenue sources anticipated to be collected in the fiscal year as determined by the mayor, less refunds as estimated in the budget report and amendments thereto. (3) All appropriated funds, except for the mandatory appropriations required by law and those required to meet contractual obligations or the continued appropriation and authorization of state or federal grants, remaining unexpended and not contractually obligated at the expiration of the appropriations ordinance shall lapse. (4) All state or federal funds received by Macon-Bibb County are by this charter continually appropriated in the exact amounts and for the purposes authorized and directed by the state or federal government in making the grant. (c)(1) In addition to the appropriations made by the appropriations ordinance and amendments thereto, the commission may make additional appropriations in the same manner as provided in this charter, which shall be known as supplementary appropriations ordinances, provided that no supplementary appropriation shall be made unless there is an unappropriated surplus in the treasury of the restructured government or the revenue necessary to pay the appropriation has been collected into the general fund of the treasury as provided by law. (2) In no event shall a supplementary appropriations ordinance continue in force and effect beyond the expiration of the appropriations ordinance in effect when the supplementary appropriations ordinance was adopted and approved. (d)(1) The appropriation for each department, office, bureau, board, commission, function, or line item for which appropriation is made shall be for a specific amount of money and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof. All appropriations by function or line item shall be lump sum by function or line item. (2) Any appropriation made in conflict with the foregoing provisions shall be void.
SECTION 27. (a) The commission shall prescribe, by ordinance, the procedures to be followed in the making of contracts which shall bind the restructured government. All contracts and all ordinances which shall make or authorize contracts shall be approved as to form by the attorney for the restructured government. The mayor shall sign and authorize all contracts; provided, however, the commission may authorize the mayor, by ordinance, to designate another appropriate official to sign any type of contract. The clerk of

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commission shall authenticate all contracts. The original of all contracts shall be maintained on file in the office of the clerk of commission. (b) The commission shall prescribe, by ordinance, the procedures for all purchases of real and personal property by the restructured government. Competitive bidding shall be required for purchases and contracts and awards shall be made to the lowest or best bidder; provided, however, that the commission by ordinance may authorize the purchase of goods, materials, supplies, equipment, and services without the receipt of formal sealed bids where the price does not exceed a specified dollar amount. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified as provided by ordinance. (c) The commission shall prescribe, by ordinance, the procedures for all sales and other disposition of real and personal property by restructured government.
SECTION 28. (a) On the effective date of this charter, the Board of Public Education and Orphanage for Bibb County established pursuant to an Act approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, shall continue in the exercise of its functions and duties, subject to the provisions of law applicable thereto and subject to the provisions of subsections (b) and (c) of this section. (b) The Board of Public Education and Orphanage for Bibb County shall annually certify to the commission of Macon-Bibb County a school tax for the support and maintenance of education in Macon-Bibb County. The commission shall annually levy said tax upon the assessed value of all taxable property within Macon-Bibb County and collect the same like other taxes of the restructured government. The levy made by the board of education and certified to the commission shall not exceed 22 mills per dollar unless such mill limitation shall be increased or removed in the manner provided by law. (c) Notwithstanding any contrary provisions of local law, the Board of Public Education and Orphanage for Bibb County shall not be required to submit to the commission of Macon-Bibb County a copy of the school budget which is prepared pursuant to the provisions of Part 4 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A. as the same is now or hereafter amended.
SECTION 29. (a) Macon-Bibb County shall have power and authority to levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation and to levy and collect such other taxes as may be allowed now or in the future by law.
(b)(1) The commission, by ordinance, shall establish a millage rate within the limits provided in subsection (a) of this section for the restructured government property tax; a due date; and in what length of time these taxes must be paid. (2) The commission, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due and provide for interest on late installments.

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(c)(1) Macon-Bibb County shall have the power to levy any occupation or business taxes as are not prohibited by general state law. These taxes may be levied on both individuals and corporations who transact business in Macon-Bibb County or who practice or offer to practice any profession or calling therein to the extent the persons have a constitutionally sufficient nexus to Macon-Bibb County to be so taxed. These taxes may be levied and imposed on a fixed rate or gross receipts basis or any combination thereof. The commission may classify businesses, occupations, professions, or callings for the purpose of these taxes in any manner as is reasonable and payment of these taxes may be compelled as provided in subsection (i) of this section. (2) Notwithstanding any other provisions of this section, no occupation or business tax based on gross receipts shall be levied and imposed prior to the holding of a special public hearing thereon, and in no event shall the total revenue received from the imposition of an occupation or business tax based on gross receipts exceed in its first year the total revenue received the immediately preceding year from the occupation and business taxes levied. (d) Macon-Bibb County shall have the power to require individuals or corporations who transact business in Macon-Bibb County or who practice or offer to practice any profession or calling therein to obtain a license or permit for these activities from MaconBibb County and to pay a reasonable fee for the license or permit where the activities are not now regulated by general state law in such a way as to preclude regulation by MaconBibb County. These fees may reflect the total cost to Macon-Bibb County of regulating the activity and if unpaid shall be collected as provided in subsection (i) of this section. The commission by ordinance may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitate. (e) Macon-Bibb County shall have power and authority to impose and collect license fees and taxes on life insurance companies in the manner provided by Code Section 33-88.1 of the O.C.G.A. and on fire and casualty insurance companies in the manner provided by Code Section 33-8-8.2 of the O.C.G.A., as now or hereafter amended. (f) Macon-Bibb County shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary and health services, and garbage and solid waste collection and disposal services, or any other services rendered inside and outside the corporate limits of Macon-Bibb County for the total cost to Macon-Bibb County of providing these services. If unpaid, these charges or fees shall be collected as provided in subsection (i) of this section. (g) Macon-Bibb County shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as are reasonable. If unpaid, these charges shall be collected as provided in subsection (i) of this section. (h) Macon-Bibb County shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this

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charter shall not be construed as limiting in any way the general powers of Macon-Bibb County to tax or otherwise govern its local affairs. (i) The commission, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due Macon-Bibb County under this charter or general state law by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes, fees, or other revenues are due; late penalties or interest; issuance and execution of fi.fa's.; creation and priority of liens; making delinquent taxes, fees, and other revenues personal debts of the persons required to pay the taxes, fees, or other revenues imposed; revoking licenses issued by MaconBibb County for failure to pay any Macon-Bibb County taxes, fees, or other revenues; allowing exceptions for hardship; providing for the assignment or transfer of executions and collection of transferred executions; providing for the billing and collecting of principal, interest, and costs of delinquent executions as an addition to and a part of the annual ad valorem tax bill issued by the Macon-Bibb County tax commissioner. (j) The commission, by ordinance, shall prescribe the amount and terms of surety bonds conditioned upon the faithful performance of the duties of office of any officer or employee of Macon-Bibb County charged with the responsibility of handling moneys on a regular basis. (k) Macon-Bibb County shall have all power granted by general law to issue general obligation bonds. Such issuance shall be accomplished in the manner provided by general law. (l) Macon-Bibb County shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. This bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the item the issue is undertaken. (m) Revenue bonds may be issued by Macon-Bibb County as state law now or hereafter provides. Such bonds are to be repaid out of any revenue produced by the project, program, or venture for which they were issued. (n) Macon-Bibb County may issue short-term notes as now or hereafter provided by state law.
(o)(1) In order to facilitate the financing of any improvements authorized by law, Macon-Bibb County may issue bonds of Macon-Bibb County in the aggregate amount of assessments for the improvement then unpaid, which bond or bonds and the interest thereon shall in no event become a liability of Macon-Bibb County or the mayor and the commission issuing them. (2) These bonds shall mature at a date and bear an interest rate as the commission may determine by ordinance but in no event shall the rate of interest exceed that which the assessments are to bear. (3) These bonds shall be signed by the mayor and attested by the clerk of commission, shall have the impression of the corporate seal of Macon-Bibb County thereon, and shall be payable at a place designated by ordinance.

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(4) These bonds shall be designated as improvement bonds and shall, on the face thereof, recite the nature and location of the improvement for which they have been issued and shall recite that they are payable solely from assessments which have been levied upon the lots and tracts of land abutting upon or being the situs of the improvement made. (5) These bonds shall be sold at not less than par and the proceeds thereof applied to the payment of the costs and expense of the improvement for which the bonds were issued, or the bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor, in respect to the improvement at par value, in payment of the amount due on the contract, and the portion thereof which shall be necessary to pay other expenses, incident to and incurred in providing for the improvement, shall be sold or otherwise disposed of as the commission by ordinance shall direct.
SECTION 30. (a) The sheriff of Bibb County in office upon the date the governing authority of the restructured government is installed shall become the sheriff and chief law enforcement officer of Macon-Bibb County. He or she shall serve for the same term and his or her compensation shall be fixed as heretofore provided by law. Subsequent elections for sheriff shall be upon the basis provided by state law for sheriffs generally. The sheriff of Macon-Bibb County shall execute the orders and processes of the courts, shall enforce executions issued by any officer or agency of Macon-Bibb County, shall maintain and operate the jail wherein state or federal prisoners are incarcerated, be responsible for the transport of prisoners, and shall perform such other duties as are provided for in Code Section 15-16-10 of the O.C.G.A. and the Constitution of this state.
(b)(1) The commission shall utilize the facilities, equipment, vehicles, records, and personnel of both the former Macon Police Department and the Bibb County Sheriff's Department in such manner as it shall deem necessary to ensure adequate protection of the lives and property of all of the citizens of Macon-Bibb County. (2) The commission in cooperation with the chief shall utilize the facilities, equipment, vehicles, records, and personnel of both the former Macon Fire Department and the Bibb County Fire Department in such manner as it shall deem necessary to ensure the most advantageous rating classification of the commercial, residential, and public property in Macon-Bibb County. (c) Except as otherwise provided by this charter or by law, the administrative and service departments of the restructured government shall be created and established by ordinance and shall perform such functions, duties, services, and responsibilities as enumerated therein and as prescribed by administrative regulations. (d) The commission may by ordinance reorganize, combine, consolidate, or discontinue any department or agency of the restructured government subject to the jurisdiction of the commission and may by ordinance prescribe the functions and duties thereof and may establish, abolish, or alter all nonelective offices and positions of employment as necessary for the proper administration of the restructured government.

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(e) Except as provided by this charter or prohibited by the general laws of this state, the terms of office of all members of all boards, commissions, committees, panels, authorities, or other entities who were appointed by the board of commissioners of Bibb County or the governing authority of the City of Macon and Payne City shall continue for not more than one year after the members of the commission take office under this charter unless extended by such commission. Each such member shall serve out the term of office to which such member was appointed. Except as provided by this charter or prohibited by the general laws of this state, the positions of director or administrative head, by whatever name known, of each department or entity of the governments of Bibb County and the City of Macon shall be abolished 90 days after the members of the commission take office under this charter. Such departments may be abolished, reestablished, reorganized, or restructured; new job descriptions shall be established as appropriate; and a director or administrative head shall be appointed for each department by the mayor. Any person who formerly occupied such position and any other person shall have the right to apply for any position thus created. The provisions of this subsection shall not result in the automatic termination from employment with the reorganized government of any such person and the provisions of Section 14 of this charter shall be applicable to any such person. On or after January 1, 2016, no person shall be eligible for appointment to any position as the administrative head of any department or agency of the restructured government unless such person meets such qualifications as may be established by the mayor. Each person serving as the administrative head of any department or agency of the restructured government shall serve at the pleasure of the mayor. (f) Notwithstanding any provision of this charter to the contrary, the Macon-Bibb County Hospital Authority shall continue to exist as provided by Article 4 of Chapter 7 of Title 31 of the O.C.G.A., the "Hospital Authorities Law," as now or hereafter amended, and the ordinances and resolutions activating such authority on the effective date of this charter; provided, however, that appointments and the filling of vacancies on such authority shall be made by the commission of Macon-Bibb County in accordance with applicable laws, ordinances, and resolutions.
SECTION 31. (a) The commission shall establish by ordinance a system of civil service for employees of the fire department which shall provide for the establishment of a civil service board to orally interview and pass upon the qualifications of applicants and promotional candidates. The sheriff may elect to include eligible employees of the sheriff's office in such civil service system. To provide for requirements for selections, training, promotion, physical condition, and appeal procedures and other related matters, the commission shall adopt civil service rules and regulations to govern and control the fire department. (b) The commission shall establish by ordinance a personnel management system based on merit principles that meets the social, economic, and program needs of the people of Macon-Bibb County. This system shall provide means to recruit, select, train, develop,

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and maintain an effective and responsive work force and shall include policies and guidelines for employing, hiring and advancement, training and career development, job classification, discharge, code of conduct, fringe benefits, and other related activities. All appointments and promotions in Macon-Bibb County shall be made without regard to sex, race, religion, national origin, age, or political affiliation and shall be based on merit and fitness. (c) It is the intent of the General Assembly that as many employees of Bibb County, the City of Macon, and Payne City as feasible shall continue in the same or a substantially equal position with at least the same salary and benefit level, where possible within budget constraints, after the consolidation is complete. It is further the intent of the General Assembly that the integration of the sheriff's office and the city police department shall be seamless and cooperative and that where possible the rights and positions of all employees shall be respected.
SECTION 32. (a) The commission shall afford equal opportunities for employment and promotion to all persons regardless of sex, race, religion, national origin, age, or political affiliation. (b) It shall be the policy of the commission that all citizens shall have equal opportunity for employment, promotion, and appointment by the commission. It shall further be the express policy of the commission that all persons shall have equal opportunity for conducting business with the commission to the greatest extent possible. (c) In furtherance of the policies stated in subsection (b) of this section, and subject to the availability of funds, there is created and established the Office of Small Business Affairs as an agency of the consolidated government. (d) The purposes for which the Office of Small Business Affairs is established shall include the following:
(1) To promote, stimulate, develop, and advance the economic growth of small businesses within Macon-Bibb County and thereby promote, stimulate, develop, and advance the business, prosperity, and economic welfare of the entire county; (2) To stimulate and assist in the expansion of all kinds of small business activity which will tend to promote small business development; (3) To cooperate and act in conjunction with other organizations, public or private, in the promotion of small business development in Macon-Bibb County; and (4) To promote economic literacy among low-wealth citizens of Macon-Bibb County. (e) In furtherance of its purposes, the Office of Small Business Affairs shall have the following powers: (1) To provide technical advice and assistance for both public and private sources of contract opportunities for small businesses; (2) To monitor the progress and improvement of small business and minority business owners' access to business with local government authorities and other publicly financed entities; (3) To implement procedures and promulgate rules and regulations to increase procurement opportunities extended to the small business and minority business

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community and to provide direct assistance to small business and minority businesses on how government and private contracting processes work; (4) To encourage small business and minority business participation in the public sector; (5) To operate an economic development program designed to transition persons who are receiving public assistance to gainful employment; (6) To construct or establish the necessary legal mechanism to be able to apply for and to accept any gifts, bequests, or grants or loans of funds or property or financial or other aid in any form from the federal government or agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source for any or all of the purposes specified in this section and to comply with the terms and conditions thereof; (7) To review governmental policies and recommend changes to ensure fair participation by small businesses and minority businesses in contract bidding; (8) To randomly and statistically review purchase orders and bids to ensure compliance with fair participation by small businesses and minority businesses in government contracts; (9) To ensure that bid specifications do not discriminate against small businesses and minority businesses; (10) To work with local agencies in assisting small businesses and minority businesses in bid application and funding available for doing business with the governing authority; (11) To manage and recommend economic development assistance to small businesses and minority businesses from governing authority economic development funds; (12) To work with local agencies in determining and coordinating all sources of education and financial assistance available to small business and minority business owners; (13) To encourage contractors and large bidders to include small businesses and minority businesses among their subcontractors; (14) To maintain statistical information to ensure that small business and minority business participation is improving in contracts with the commission and issue an annual report; and (15) To establish a mentor program where proactive businesses which have pledged increased minority business relationships can assist minority businesses in doing business with government and the private sector. (f) The Office of Small Business Affairs shall be under the direction and supervision of a director appointed by the mayor with the approval of a majority of the commissioners. The director shall have the following powers and duties: (1) To appoint assistants, clerks, and other employees as the director may deem necessary within constraints of the budget; (2) To furnish technical advice and assistance with respect to small business economic development to further the purposes of this section;

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(3) To render monthly written reports to the commission. The reports may contain recommendations of the director for legislative or other action to effectuate the purposes of this section; (4) To act as a liaison between community based groups, small businesses and minority businesses, government agencies, community development corporations, and the private sector; and (5) To request from any state or local governmental agency or department such reports and information at such times as it may deem reasonably necessary to carry out the purposes of this section.
SECTION 33. (a) Except as otherwise provided in this charter or applicable state law, all boards, commissions, and authorities of the City of Macon and Bibb County shall continue in the exercise of their functions and duties, subject to the provisions of laws applicable thereto and subject to the provisions of this charter. As used in the Acts and amendments creating the existing boards, commissions, and authorities of the City of Macon and Bibb County, the terms "Macon City Council" and "Bibb County Board of Commissioners" shall mean the commission of Macon-Bibb County and the term "mayor of Macon" shall mean the "mayor of Macon-Bibb County." (b) All boards, commissions, and authorities of the restructured government, including those boards, commissions, and authorities of the City of Macon and Bibb County which are continued under the restructured government pursuant to subsection (a) of this section, shall consist of seven members, three of whom shall be appointed by the commission and four of whom shall be appointed by the mayor, except where other appointment authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. Each member shall have been a resident of the area encompassed by Macon-Bibb County for a period of at least one year immediately prior to appointment. (c) Any vacancy in the office of any member of a board, commission, or authority of the restructured government shall be filled for the unexpired term in the manner prescribed in subsection (b) of this section for original appointment, except as otherwise provided in this charter or by applicable state law. (d) Members of all boards, commissions, and authorities of the restructured government shall be limited to two consecutive full terms of office on such boards, commissions, and authorities. Filling more than one-half of an unexpired term of office shall constitute a full term of office. (e) Members of all boards, commissions, and authorities of the restructured government shall serve four years terms of office unless otherwise provided in this charter or applicable state law, provided that such members are subject to removal at any time by the appointing authority. (f) No board, commission, or authority shall create any other entity or subsidiary whatsoever without first obtaining approval by a two-thirds' vote of the commission of Macon-Bibb County and approval by the mayor.

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(g) The commission is authorized to review and dissolve at its discretion any entity to which this section is applicable that was created prior to the effective date of this charter by two-thirds' vote of the members then serving.
SECTION 34. All officers, officials, and employees of the former City of Macon, City of Payne City, and Bibb County shall cooperate with and assist the commission, mayor, and other officers of Macon-Bibb County:
(1) In planning the restructuring of departments, boards, commissions, and agencies of said former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of the restructured government of Macon-Bibb County; and (2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of the restructured government shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall to the extent possible provide working areas and facilities for the officers of the restructured government.
SECTION 35. This charter may be modified, rescinded, changed, or amended by only the following methods:
(1) An Act of the General Assembly of Georgia; or (2) An ordinance adopted by the commission of Macon-Bibb County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia.
SECTION 36. (a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Bibb County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the restructured government; provided, however, any obligation created by Bibb County to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the commission of the restructured government within six months following the effective date of this charter. (b) Except as otherwise provided by this charter, contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Macon or the City of Payne City or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the restructured government; provided, however, any obligation created by the City of Macon or the City of Payne City to become effective after the date of approval of this charter and prior to the effective

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date of this charter shall be subject to ratification and approval by the commission of the restructured government within six months following the effective date of this charter. (c) No pending action or proceeding of any nature, whether civil, criminal, judicial, administrative, or other, by or against the City of Macon, the City of Payne City, or Bibb County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and the restructured government shall stand substituted as a party in lieu thereof.
SECTION 37. (a) Effective September 1, 2012, there is created a transition task force for the purpose of planning and preparing for the assumption of governmental powers by the restructured governing authority. The transition task force shall be composed of members as follows:
(1) The chairperson of the board of commissioners of Bibb County who shall be the co-chief executive officer of the task force; (2) The chairperson of the finance committee of the board of commissioners of Bibb County; (3) The chairperson of the finance committee of the city council of the City of Macon; (4) The mayor of the City of Macon who shall be the co-chief executive officer of the task force; (5) The president of the city council of the City of Macon; (6) The president of the Bibb County Chamber of Commerce; (7) The Macon City Police Chief; (8) The chairperson of the Bibb County delegation in the General Assembly who shall serve as chairperson of the transition task force; (9) The vice-chairperson of the Bibb County delegation in the General Assembly; (10) The sheriff of Bibb County; and (11) Five members appointed by the members of the General Assembly whose districts include all or any portion of Bibb County. The transition task force shall meet upon the call of the chairperson of the transition task force for the purpose of planning and scheduling the initial organization of the government in accordance with the applicable provisions of this charter. (b) The transition task force shall be authorized to make such recommendations as it deems appropriate for the assumption of governmental powers by the commission. The transition task force is specifically charged with the responsibility of developing proposed ordinances which should be considered for adoption by the commission at its first regular meeting held following the second Tuesday in September, 2012, or at a regular meeting of the commission held as soon thereafter as practicable. (c) All officers, officials, including elected officials, and employees of Bibb County, the City of Macon, and the City of Payne City shall cooperate with and assist the transition task force. The transition task force shall be entitled to examine all records, files, and other data in the possession of Bibb County, the City of Macon, and the City of Payne City and all officers, officials, and employees and departments thereof. Bibb County, the

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City of Macon, and the City of Payne City shall, to the extent possible, provide working areas and facilities for the transition task force. (d) The transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Bibb County and from the mayor and commission of the City of Macon and from the governing authority of the City of Payne City for the purpose of carrying out its duties, but members of the transition task force shall receive no compensation for their services as such members. (e) During the period beginning on the date on which this charter is approved in the referendum provided for by Section 45 of this charter, it shall be the duty of the transition task force to recommend and the duty of the board of commissioners of Bibb County and the mayor and commission of the City of Macon to implement, where possible, such restructuring or reorganization of services, functions, powers, and duties as may be advantageous to the restructuring of such governments. (f) The transition task force shall be abolished on the date specified by the commission.
SECTION 38. On and after January 1, 2014, that portion of the City of Macon that is located in Jones County shall be treated as having been deannexed from the City of Macon and shall be an unincorporated area of Jones County.
SECTION 39. In the event any section, subsection, sentence, clause, or phrase of this charter 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 charter, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this charter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 40. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bibb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Bibb County for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in 2012 and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bibb County. The ballot shall have written or printed thereon the words:

THURSDAY, MARCH 22, 2012

4581

"( ) YES Shall the Act restructuring the governments of the City of Macon, the City of Payne City, and Bibb County and creating a single county-wide
( ) NO government to supersede and replace these governments and providing for the termination of the terms of office of members of the governing authorities of Bibb County, the City of Macon, and the City of Payne City and which cuts short the terms of sitting commission members and county commissioners to 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 in the county as a whole cast on such question are for approval of the Act and if more than one-half of the votes cast in the City of Macon on such question are for approval of the Act, this charter shall become of full force and effect on January 1, 2013. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Bibb County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 41. (a) Sections 37 and 40 of this Act and this section shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) Except as provided in Section 39 of this Act, the remaining provisions of this Act shall become effective on the second Monday in January, 2014.
SECTION 42. All laws and parts of laws in conflict with this Act are repealed.
Plan: bibbcon12-hd139p2r-rev2 Plan Type: Local Administrator: Bibb Co. User: Gina
District 001 Bibb County VTD: 021HO3 - HOWARD 3 VTD: 021HO6 - HOWARD 6 VTD: 021HO7 - HOWARD 7 VTD: 021HO8 - HOWARD 8 VTD: 021HO9 - HOWARD 9 013408: 1016 1017 1018 1030 1031 013410:

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1000 1001 1002 1003 1004 1005 1006 1007 1040 1041 1042 3029 3030 013411: 2009 2010 2011 2012 2013 2014 2015 2021 2022 2036
District 002 Bibb County VTD: 021EM1 - EAST MACON 1 VTD: 021EM4 - EAST MACON 4 011000: 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 3000 3004 3005 3010 3011 3012 3013 3014 3015 3016 3017 4003 4004 4005 4006 4007 4008 4009 VTD: 021GF1 - GODFREY 1 010800: 1070 1071 011500: 1000 1001 1005 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 2021 2022 2023 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 3001 3002 3003 3004 3005 3006 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

THURSDAY, MARCH 22, 2012
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 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 012900: 1000 2007 2008 2012 2013 2015 2016 VTD: 021HO5 - HOWARD 5
District 003 Bibb County VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3 VTD: 021EM4 - EAST MACON 4 011000: 3001 3002 3003 3006 3007 3008 3009 4000 4001 5001 5002 5003 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5023 5024 5025 5026 5027 VTD: 021EM5 - EAST MACON 5 VTD: 021EM6 - EAST MACON 6 VTD: 021RU2 - RUTLAND 2 013502: 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 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

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013504: 3017 3020 3021 3022 3023 3026 3027 4001 4002 4012 4013 013900: 1189 1192 1194 1195 1196 1197 1199 1200 1201 1214 1215 1216 1217 1218 1219
District 004 Bibb County VTD: 021HA1 - HAZZARD 1 013201: 2004 2033 2035 2036 2047 2048 2049 VTD: 021HA2 - HAZZARD 2 VTD: 021HA3 - HAZZARD 3 013201: 2000 2001 2002 2003 2005 2006 2008 2009 2011 2020 2021 2022 2028 2030 2031 2032 2034 2055 013410: 2022 2027 013605: 1005 1006 1007 1008 1010 1011 VTD: 021HA7 - HAZZARD 7 013409: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2015 2016 2018 2019 2020 2021 2022 013605: 2015 VTD: 021HO1 - HOWARD 1 VTD: 021HO2 - HOWARD 2 VTD: 021HO4 - HOWARD 4 011800: 3000 3001 3002 3003 3007 3008 3010 3011 3012 3013 4003 4005 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 012200: 1000 VTD: 021HO9 - HOWARD 9 013410: 1029 3000 3001 3002 3003 3004 3013 3027 3028 013411: 2016 2017 2018 2019 2020 2037 2038 2039 2040 2041 2042 2043 2044 2045 2047
District 005 Bibb County

THURSDAY, MARCH 22, 2012
VTD: 021GF1 - GODFREY 1 010200: 3019 010300: 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1040 1041 1042 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 1078 VTD: 021GF3 - GODFREY 3 010400: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2022 2023 2024 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 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 012500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3024 3025 3028 3029 3030 3031 3032 3033 012600: 2006 2017 2018 2019 VTD: 021VV2 - VINEVILLE 2 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV6 - VINEVILLE 6 VTD: 021VV7 - VINEVILLE 7 010200: 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 011800: 1007 1018 VTD: 021VV8 - VINEVILLE 8
District 006 Bibb County VTD: 021HA1 - HAZZARD 1 013201: 2040 2041 2042 2043 2044 2045 2046 2050 2051 VTD: 021HA3 - HAZZARD 3 013101:

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1069 1070 013201: 2007 2010 2023 2024 2025 2026 2027 2029 2052 2053 2054 4043 013603: 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 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 013604: 2000 2001 2019 2020 2028 2029 2030 3000 3001 3002 3005 013606: 1010 1011 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 VTD: 021HA4 - HAZZARD 4 VTD: 021HA7 - HAZZARD 7 013605: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2 013101: 1073 1074 1075 013603: 1000 1001 1002 1003 1004 1005 1015 1016 1017 1029 1031 2046 013604: 1010 1011 1012 1013 1014 1015 1016 1017 1020 3003 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018
District 007 Bibb County VTD: 021GF4 - GODFREY 4 012900: 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 2014 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 1186 1187 1188 1191 1226 VTD: 021GF7 - GODFREY 7 VTD: 021RU1 - RUTLAND 1 VTD: 021RU2 - RUTLAND 2 013504:

THURSDAY, MARCH 22, 2012
3000 3001 3002 3003 3004 3005 3006 3024 3025 4000 4003 4004 4005 4006 4007 4008 4009 4010 4011 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 VTD: 021WA2 - WARRIOR 2 013603: 1006 1007 1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1030 1032 1033 1034 1035 1036 1037 1038
District 008 Bibb County VTD: 021GF1 - GODFREY 1 010300: 1020 1021 1022 1037 1038 1039 1043 1044 1045 1046 1077 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 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 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 011500: 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 2036 2037 2038 2039 2040 2047 2048 2049 2056 2057 013700: 2009 2012 2017 2018 2019 2035 3000 3007 VTD: 021GF3 - GODFREY 3 010400: 2015 2016 2017 2018 2019 2020 2021 2025 2026 2027 2028 2029 2030 2031 2032 2033 VTD: 021GF5 - GODFREY 5 VTD: 021GF6 - GODFREY 6 VTD: 021HA6 - HAZZARD 6 013101: 3000 3013 3025 013102: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 VTD: 021VV1 - VINEVILLE 1

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District 009 Bibb County VTD: 021HA1 - HAZZARD 1 012500: 2016 3026 013201: 1000 1001 1002 1003 1004 2012 2013 2017 2018 2019 2037 2038 2039 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 4000 4001 4002 4016 4017 4018 4019 4020 4021 4022 4028 4029 4030 4031 4033 4034 4035 4036 4037 4038 4039 4045 4046 VTD: 021HA3 - HAZZARD 3 013201: 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4023 4024 4025 4032 4041 4042 VTD: 021HA5 - HAZZARD 5 VTD: 021HA6 - HAZZARD 6 013101: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 3001 3002 3003 3018 3022 3026 013202: 1010 1014 1015 1017 1020 3011 VTD: 021HO4 - HOWARD 4 011800: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 3004 3005 3006 3009 4008 4019 012000: 3015 3016 3021 3022 VTD: 021VV4 - VINEVILLE 4 VTD: 021VV5 - VINEVILLE 5 VTD: 021VV7 - VINEVILLE 7 011800: 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 3014 3015 3016 3017 3018 3019 3020 3021 012200: 1001 1002 1003 1004 1005 1006 1007 1013 012300: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012

THURSDAY, MARCH 22, 2012

4589

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:
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.
The following Senate substitute was read:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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), is amended by revising paragraphs (2) and (3) of subsection (b) of Section 2 as follows:
"(2) For the purpose of electing members of the authority, Bibb County and parts of Jones County are divided into five electoral districts as follows:
(A) Districts 1 through 4 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: MWA-2012-s018 Plan Type: Local Administrator: s018 User: Gina'; and (B) District 5 shall consist of all of Bibb County and all those parts of Jones County included in District 1. (3)(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

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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
(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 Bibb County which is not included in any district described in subparagraph (A) of paragraph (2) 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 Bibb County and those parts of Jones County which are described in subparagraph (A) of paragraph (2) 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 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 elected members of the Macon Water Authority 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) 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 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 districts shall be deemed to be serving from and representing their respective districts as newly described under this Act.
SECTION 3. The Macon Water Authority 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: MWA-2012-s018 Plan Type: Local Administrator: S018

THURSDAY, MARCH 22, 2012
User: Gina
District 001 Bibb County VTD: 021EM1 - EAST MACON 1 VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3 VTD: 021EM5 - EAST MACON 5 VTD: 021EM6 - EAST MACON 6 VTD: 021GF1 - GODFREY 1 VTD: 021GF2 - GODFREY 2 VTD: 021GF4 - GODFREY 4 VTD: 021GF6 - GODFREY 6 012600: 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 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 3028 3029 3030 3031 3032 3033 3035 3036 3037 3042 3043 3044 3045 3046 3047 3049 012700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 2000 2001 2002 2003 2004 2005 2008 2009 2011 2012 VTD: 021RU2 - RUTLAND 2 Jones County VTD: 16910 - HAWKINS 030104: 1061 1062 1063 2019 2022 VTD: 1693 - ROBERTS 030104: 1029 1031 1037 1038 1039 1040 1041 1042 1043 1044 1074 1079 1081
District 002 Bibb County VTD: 021EM4 - EAST MACON 4 VTD: 021GF3 - GODFREY 3 VTD: 021GF5 - GODFREY 5 VTD: 021GF6 - GODFREY 6 012500: 3020 3021 3022 3023 012600:

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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 1028 2028 3027 3034 3038 3039 3040 3041 3048 3050 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 013202: 2010 2011 VTD: 021HA5 - HAZZARD 5 VTD: 021VV1 - VINEVILLE 1 VTD: 021VV2 - VINEVILLE 2 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV4 - VINEVILLE 4 VTD: 021VV5 - VINEVILLE 5 VTD: 021VV7 - VINEVILLE 7 VTD: 021VV8 - VINEVILLE 8 Jones County VTD: 1699 - FINNEY 030101: 1052
District 003 Bibb County VTD: 021HA2 - HAZZARD 2 VTD: 021HA3 - HAZZARD 3 013201: 2000 2001 2002 2003 2005 2006 2008 2009 2011 2020 2021 2022 2028 2030 2031 2032 2034 2055 013410: 2022 2027 013605: 1005 1006 1007 1008 1010 1011 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

THURSDAY, MARCH 22, 2012

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District 004 Bibb County VTD: 021GF7 - GODFREY 7 VTD: 021HA1 - HAZZARD 1 VTD: 021HA3 - HAZZARD 3 013101: 1069 1070 013201: 2007 2010 2023 2024 2025 2026 2027 2029 2052 2053 2054 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4023 4024 4025 4032 4041 4042 4043 013603: 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 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 013604: 2000 2001 2019 2020 2028 2029 2030 3000 3001 3002 3005 013606: 1010 1011 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 VTD: 021HA4 - HAZZARD 4 VTD: 021HA6 - HAZZARD 6 VTD: 021HA7 - HAZZARD 7 VTD: 021RU1 - RUTLAND 1 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2

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 substitutes, 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
Benfield

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

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

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 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

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

Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans
Floyd N Fludd Y Frazier E 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 Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S E Jordan Y Kaiser N Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long E Maddox, B Y Maddox, G Y Manning
Marin Y Martin Y Maxwell

Y Nimmer E Nix Y 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 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 Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson
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, and on the agreement to the Senate substitutes, the ayes were 150, nays 5.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitutes.

Due to a mechanical malfunction, the vote of Representative Carson of the 43rd 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 substitute, by the requisite constitutional majority, the following bills of the House:

HB 237. By Representatives Golick of the 34th, Morris of the 155th, Hatfield of the 177th, Ramsey of the 72nd and Setzler of the 35th:

A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, so

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as revise the definition of "mortgage lending process"; to provide for investigative and subpoena powers of district attorneys and the Attorney General relative to residential mortgage fraud; to provide for related matters; to repeal conflicting laws; and for other purposes.
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 Senate has passed by the requisite constitutional majority the following bills of the House:
HB 93. By Representatives Taylor of the 79th, Jacobs of the 80th, Parent of the 81st, Huckaby of the 113th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to local government code enforcement boards created on or after January 1, 2003, so as to change a definition for purposes of said article; to change certain references to "code inspectors" to "code enforcement officers" in said article; to amend Code Section 41-2-7 of the Official Code of Georgia Annotated, relating to power of counties and municipalities to repair, close, or demolish unfit buildings or structures, health hazards on private property, and properties affected, so as to provide for findings by code enforcement officers; to repeal conflicting laws; and for other purposes.
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

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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.
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.
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.
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.
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

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participation in health insurance plans and other activities; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.
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.
HB 1226. By Representatives Burns of the 157th and Purcell of the 159th:
A BILL to be entitled an Act to provide a new charter for the City of Springfield; 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 an effective date; to repeal conflicting laws; and for other purposes.
HB 1231. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A BILL to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), 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 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 1232. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th:
A BILL to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4192), so as to change the maximum amount for which the superintendent of the board of education may make public works construction contracts; to change the maximum amount which may be expended for a public works construction contract without affording free competition; to provide that the superintendent of the board of education in an emergency may make certain contracts other than public works construction contracts; to provide for rules and regulations; to provide definitions; to repeal conflicting laws; and for other purposes.
HB 1238. By Representative Smith of the 129th:
A BILL to be entitled an Act to authorize the governing authority of the City of West Point to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Pursuant to HR 1798, the House recognized and commended the Honorable Hugh Lee McDaniel.
Pursuant to HR 1604, the House commended Monica Pearson and invited her to be recognized by the House of Representatives.
Pursuant to HR 1745, the House commended Rear Admiral Annie B. Andrews and invited her to be recognized by the House of Representatives.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
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.
Representative England of the 108th moved that the House insist on its position in disagreeing to the Senate substitute to HB 742 and that a Committee of Conference be

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appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

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

Representatives England of the 108th, O`Neal of the 146th and Jones of the 46th.

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

Representatives Jones of the 44th, Abdul-Salaam of the 74th, Pruett of the 144th, Martin of the 47th, Buckner of the 130th, Holmes of the 125th, Cheokas of the 134th, Smyre of the 132nd, Howard of the 121st, Bell of the 58th, McBrayer of the 153rd, Dobbs of the 53rd, Smith of the 168th, Brockway of the 101st, Geisinger of the 48th, Parent of the 81st, Taylor of the 173rd, and Waites of the 60th.

Pursuant to HR 1810, the House commended Mr. Lannie Southwell Jarrell III and Ms. Stacye Jarrell and invited them to be recognized by the House of Representatives.

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

Mr. Speaker:

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

SB 380 SB 470 SB 506

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

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

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

Mr. Speaker:

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

SB 31 SB 234 SB 292

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

SB 136 SB 257 SB 312

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

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

The following Resolution of the House was read:

HR 1978. 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, March 23, 2012, through Thursday, March 29, 2012, shall be as follows:

Friday, March 23 through Sunday, March 25 .....................................................in adjournment Monday, March 26 ....................................................................in session for legislative day 38 Tuesday, March 27 ....................................................................in session for legislative day 39 Wednesday, March 28 .........................................................................................in adjournment Thursday, March 29 ..................................................................in session for legislative day 40

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

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 Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson

Y Heckstall Y Hembree
Henson Y Hightower Y Hill Y Holcomb

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell

Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E

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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
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 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 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

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

Y Morgan Y Morris
Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer E 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 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 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 E Taylor, R Y Taylor, T Y Teasley Y Thomas 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, the ayes were 164, nays 0.

The Resolution was adopted.

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

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.

HR 1745. By Representatives Williams of the 165th, Wilkinson of the 52nd, Abrams of the 84th, Hugley of the 133rd and Brooks of the 63rd:

A RESOLUTION commending Rear Admiral Annie B. Andrews and inviting her to be recognized by the House of Representatives; and for other purposes.

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HR 1810. By Representatives Pruett of the 144th, Stephens of the 164th and Watson of the 163rd:
A RESOLUTION commending Mr. Lannie Southwell Jarrell III and Ms. Stacye Jarrell and inviting them to be recognized by the House of Representatives; and for other purposes.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Goggans of the 7th, and Golden of the 8th.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT

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To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the "Interstate Compact on Educational Opportunity for Military Children"; to provide for a short title; to provide for the purpose and policy of said compact; to define the terminology used in said compact; to provide for applicability; to provide for educational records and enrollment; to provide for placement and attendance; to provide for eligibility; to provide for graduation; to provide for state coordination services; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; to provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, an effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to repeal certain laws; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding a new chapter to read as follows:
"CHAPTER 17
20-17-1. This chapter shall be known and may be cited as the 'Interstate Compact on Educational Opportunity for Military Children.'
20-17-2. 'The Interstate Compact on Educational Opportunity for Military Children' is enacted into law and entered into by the State of Georgia with any and all states legally joining therein in the form substantially as follows:
'Interstate Compact on Educational Opportunity for Military Children
The Contracting States solemnly agree that: ARTICLE I PURPOSE
It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

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A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district or variations in entrance or age requirements; B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment; C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities; D. Facilitating the on-time graduation of children of military families; E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact; F. Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact; G. Promoting coordination between this compact and other compacts affecting military children; and H. Promoting flexibility and cooperation between the educational system, parents, and the student in order to achieve educational success for the student.
ARTICLE II DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
A. "Active duty" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Sections 1209 and 1211. B. "Children of military families" means school-aged children in the household of an active duty member enrolled in kindergarten through grade 12. C. "Compact commissioner" means the voting representative of each compacting state appointed pursuant to Article VIII of this compact. D. "Deployment" means the period one month prior to the service members' departure from their home station on military orders though six months after return to their home station. E. "Educational records" means those official records, files, and data directly related to a student and maintained by the school or local education agency, including, but not limited to, records encompassing all the material kept in the student's cumulative folder, such as general identifying data; records of attendance and of academic work completed; records of achievement and results of evaluative tests; health data; disciplinary status; test protocols; and individualized education programs. F. "Extracurricular activities" means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and

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involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities. G. "Interstate Commission on Educational Opportunity for Military Children" or "Interstate Commission" means the commission that is created under Article IX of this compact. H. "Local education agency" means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through grade 12 public educational institutions. I. "Member state" means a state that has enacted this compact. J. "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other United States Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. K. "Nonmember state" means a state that has not enacted this compact. L. "Receiving state" means the state to which a child of a military family is sent, brought, or caused to be sent or brought. M. "Rule" means a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and includes the amendment, repeal, or suspension of an existing rule. N. "Sending state" means the state from which a child of a military family is sent, brought, or caused to be sent or brought. O. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other United States Territory. P. "Student" means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through grade 12. Q. "Transition" means the formal and physical process of transferring from school to school or the period of time in which a student moves from one school in the sending state to another school in the receiving state. R. "Uniformed service" means the Army, Navy, Air Force, Marine Corps, or Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration and Public Health Services. S. "Veteran" means a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.
ARTICLE III APPLICABILITY

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A. Except as otherwise provided in Section B of this article, this compact shall apply to the children of:
(1) Active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Sections 1209 and 1211; (2) Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and (3) Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death. B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact. C. The provisions of this compact shall not apply to the children of: (1) Inactive members of the national guard and military reserves; (2) Members of the uniformed services now retired, except as provided in Section A of this article; (3) Veterans of the uniformed services, except as provided in Section A of this article; and (4) Other United States Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.
ARTICLE IV EDUCATIONAL RECORDS & ENROLLMENT
A. Unofficial or "hand-carried" education records -- In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible. B. Official education records and transcripts -- Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. C. Immunizations -- Compacting states shall give 30 days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission for students to obtain any immunization

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required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. D. Kindergarten and first grade entrance age -- Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.
ARTICLE V PLACEMENT & ATTENDANCE
A. Course placement -- When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes, but is not limited to, honors, international baccalaureate, advanced placement, vocational, technical, and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course. B. Educational program placement -- The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the sending state. Such programs include, but are not limited to, gifted and talented programs and English as a second language. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. C. Special education services.
(1) In compliance with the federal requirements of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400 et seq, the receiving state shall initially provide comparable services to a student with a disability based on his or her current Individualized Education Program. (2) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with

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disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. D. Placement flexibility -- Local education agency administrative officials shall have flexibility in waiving course or program prerequisites or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency. E. Absence as related to deployment activities -- A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.
ARTICLE VI ELIGIBILITY
A. Eligibility for enrollment. (1) Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent. (2) A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent. (3) A transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent may continue to attend the school in which he or she was enrolled while residing with the custodial parent.
B. Eligibility for extracurricular participation -- State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.
ARTICLE VII GRADUATION
In order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures:
A. Waiver requirements -- Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been

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satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time. B. Exit exams -- States shall accept exit or end-of-course exams required for graduation from the sending state, national norm-referenced achievement tests, or alternative testing in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of Section C of this article shall apply. C. Transfers during Senior year -- Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the ontime graduation of the student in accordance with Sections A and B of this article.
ARTICLE VIII STATE COORDINATION
A. Each member state shall, through the creation of a state council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies, and military installations concerning the state's participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own state council, its membership must include at least the state superintendent of education, a superintendent of a school district with a high concentration of military children, a representative from a military installation, one representative from the executive branch of government, and other offices and stakeholder groups the state council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the state council. B. The state council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. C. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the Governor or as otherwise determined by each member state.

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D. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the state council, unless either is already a full voting member of the state council.
ARTICLE IX INTERSTATE COMMISSION ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN
The member states hereby create the "Interstate Commission on Educational Opportunity for Military Children." The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:
(1) Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth herein and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact; (2) Consist of one Interstate Commission voting representative from each member state who shall be that state's compact commissioner and:
A. Each member state represented at a meeting of the Interstate Commission is entitled to one vote; B. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission; C. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or state council may delegate voting authority to another person from their state for a specified meeting; and D. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication; (3) Consist of ex-officio, nonvoting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include, but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the United States Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel, and other interstate compacts affecting the education of children of military members; (4) Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings; (5) Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a oneyear term. Members of the executive committee shall be entitled to one vote each.

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The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact and its bylaws and rules, and other such duties as deemed necessary. The United States Department of Defense, shall serve as an exofficio, nonvoting member of the executive committee; (6) Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests; (7) Give public notice of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:
A. Relate solely to the Interstate Commission's internal personnel practices and procedures; B. Disclose matters specifically exempted from disclosure by federal and state statute; C. Disclose trade secrets or commercial or financial information which is privileged or confidential; D. Involve accusing a person of a crime, or formally censuring a person; E. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; F. Disclose investigative records compiled for law enforcement purposes; or G. Specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding; (8) For a meeting, or portion of a meeting, closed pursuant to this provision, the Interstate Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed and the record of a roll-call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission; (9) Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements. Such methods of data collection, exchange, and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its

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information functions with the appropriate custodian of records as identified in the bylaws and rules; and (10) Create a process that permits military officials, education officials, and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state.
ARTICLE X POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers: (1) To provide for dispute resolution among member states; (2) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact. The rules shall be binding in the compact states to the extent and in the manner provided in this compact; (3) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions; (4) To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process; (5) To establish and maintain offices which shall be located within one or more of the member states; (6) To purchase and maintain insurance and bonds; (7) To borrow, accept, hire, or contract for services of personnel; (8) To establish and appoint committees, including, but not limited to, an executive committee as required by Article IX, Section (5) of this compact which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder; (9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel; (10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it; (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed; (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (13) To establish a budget and make expenditures; (14) To adopt a seal and bylaws governing the management and operation of the Interstate Commission;

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(15) To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission; (16) To coordinate education, training, and public awareness regarding the compact, its implementation, and operation for officials and parents involved in such activity; (17) To establish uniform standards for the reporting, collecting, and exchanging of data; (18) To maintain corporate books and records in accordance with the bylaws; (19) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact; and (20) To provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.
ARTICLE XI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(1) Establishing the fiscal year of the Interstate Commission; (2) Establishing an executive committee, and such other committees as may be necessary; (3) Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission; (4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; (5) Establishing the titles and responsibilities of the officers and staff of the Interstate Commission; (6) Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; and (7) Providing "start up" rules for initial administration of the compact. B. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided, however, that subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.

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C. Executive Committee, Officers, and Personnel. (1) The executive committee shall have such authority and duties as may be set forth in the bylaws, including, but not limited to: (i) Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; (ii) Overseeing an organizational structure within, and appropriate procedures for, the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and (iii) Planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Interstate Commission. (2) The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, however, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
(1) The liability of the Interstate Commission's executive director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state, may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. (2) The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or

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responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person. (3) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE XII RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. Rulemaking Authority -- The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact; provided however, that in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect. B. Rulemaking Procedure -- Rules shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission. C. Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission's authority. D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
ARTICLE XIII OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
A. Oversight. (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and

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appropriate to effectuate the compact's purposes and intent. The provisions of this compact shall have standing as statutory law. (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission. (3) The Interstate Commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact, or promulgated rules. B. Default, Technical Assistance, Suspension, and Termination -- If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall: (1) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; (2) Provide remedial training and specific technical assistance regarding the default; (3) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default; (4) Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states; (5) The state which has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination, including obligations, the performance of which extends beyond the effective date of suspension or termination; (6) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state; and (7) The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The

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prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees. C. Dispute Resolution. (1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states. (2) The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. D. Enforcement. (1) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (2) The Interstate Commission may, by majority vote of the members, initiate legal action in the United State District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules, and bylaws against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. (3) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.
ARTICLE XIV FINANCING OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities. B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states. C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states. D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and

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the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE XV MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT
A. Any state is eligible to become a member state. B. This compact shall become effective and binding upon legislative enactment of this compact into law by no less than ten of the states. The effective date shall be no earlier than December 1, 2011. Thereafter, it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The Governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states. C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
ARTICLE XVI WITHDRAWAL AND DISSOLUTION
A. Withdrawal. (1) Once effective, the compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law. (2) Withdrawal from this compact shall be by the enactment of a statute repealing the same. (3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof. (4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal. (5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
B. Dissolution of Compact. (1) This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.

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(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XVII SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. B. The provisions of this compact shall be liberally construed to effectuate its purposes. C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
ARTICLE XVIII BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other Laws. (1) Nothing herein shall prevent the enforcement of any other law of a member state that is not inconsistent with this compact. (2) All member states' laws conflicting with this compact are superseded to the extent of the conflict.
B. Binding Effect of the Compact. (1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states. (2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms. (3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.'"
SECTION 2. On the date this Act becomes effective as provided in Article XV of this compact, Article 35 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education of military dependents, shall be repealed in its entirety.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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An amendment by Representative Jerguson of the 22nd was ruled out of order because it failed to meet the time requirements pursuant to Rule 33.2(b).

The Committee substitute was adopted.

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

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

Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson N 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
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 N Collins N Cooke
Coomer Y Cooper Y Crawford

Y Davis Y 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 Floyd Y Fludd
Frazier E Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene E Hamilton Y Hanner Y Harbin Y Harden, B N 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 E James Y Jasperse N Jerguson Y Johnson Y Jones, J Y Jones, S E Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long E Maddox, B Y Maddox, G Y Manning Y Marin N Martin Y Maxwell

Y Mayo N McBrayer Y McCall
McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal, J Y Neal, Y Y Nimmer E Nix Y Oliver Y O'Neal E Pak Y Parent Y Parrish Y Parsons
Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice N Riley
Roberts Y Rogers, C N Rogers, T
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 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 N Taylor, D E Taylor, R N Taylor, T Y Teasley Y Thomas 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 137, nays 23.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Frazier of the 123rd, Peake of the 137th, and Roberts of the 154th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representatives Dobbs of the 53rd and Teasley of the 38th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.
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 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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 98 Do Pass, by Substitute
Respectfully submitted, /s/ Purcell of the 159th
Chairman
The following Resolution of the House was read and referred to the Committee on Rules:
HR 1979. By Representatives Smith of the 129th, Ralston of the 7th, Wlkinson of the 52nd, Holmes of the 125th and Harbin of the 118th:
A RESOLUTION commending Mr. Howard H. "Bo" Callaway 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 1980. By Representative Clark of the 98th:
A RESOLUTION recognizing and commending Chip Ness; and for other purposes.
HR 1981. By Representatives Williams of the 165th, Abrams of the 84th, Stephens of the 161st, Talton of the 145th and Hugley of the 133rd:
A RESOLUTION honoring the life and memory of Dr. Lorenzo P. McNeal; and for other purposes.

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HR 1982. By Representatives Jordan of the 77th, Scott of the 76th, Baker of the 78th, Brooks of the 63rd and Waites of the 60th:
A RESOLUTION recognizing and commending Ms. Iris B. Jessie; and for other purposes.
HR 1983. By Representatives Morris of the 155th, Meadows of the 5th, Ehrhart of the 36th, Wilkinson of the 52nd, Hill of the 21st and others:
A RESOLUTION recognizing the Siege of Beirut on the occasion of its 30th anniversary and honoring the life and memory of its lost veterans; and for other purposes.
HR 1984. By Representatives Williams of the 113th, Holt of the 112th, Parrish of the 156th, McCall of the 30th, Holmes of the 125th and others:
A RESOLUTION recognizing and commending Mr. Fred W. Greer, Jr., on the occasion of his retirement; and for other purposes.
HR 1985. By Representatives Dudgeon of the 24th, Brockway of the 101st, Benton of the 31st, Riley of the 50th and Taylor of the 79th:
A RESOLUTION recognizing and commending the 2011-2012 Georgia Tech women's basketball team; and for other purposes.
HR 1986. By Representatives Harrell of the 106th and Kirby of the 107th:
A RESOLUTION recognizing and commending Mrs. Runell "Nell" Brooks Foster on the occasion of her 106th birthday; and for other purposes.
HR 1987. By Representatives Atwood of the 179th, Wilkinson of the 52nd and Lane of the 167th:
A RESOLUTION recognizing and commending Golden Isles Aviation for being named the ConocoPhillips Aviation Fixed Base Operator of the Month; and for other purposes.
HR 1988. By Representative Holmes of the 125th:
A RESOLUTION recognizing and commending Central Georgia Electric Membership Corporation on the occasion of its 75th anniversary; and for other purposes.

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HR 1989. By Representative Holmes of the 125th:
A RESOLUTION recognizing and commending Piedmont Academy's football team on their 2011 GISA State AA Championship; and for other purposes.
HR 1990. By Representative Holmes of the 125th:
A RESOLUTION commending Troy Chitty II, Jones County High School's 2012 STAR Student; and for other purposes.
HR 1991. By Representative Holmes of the 125th:
A RESOLUTION commending Cheryl Scamihorn, Jones County High School's 2012 STAR Teacher; and for other purposes.
HR 1992. By Representative Holmes of the 125th:
A RESOLUTION recognizing and commending the students of Piedmont Academy's One-Act Play on their 2011 Georgia Independent School Association AA State One-Act Play Championship; and for other purposes
HR 1993. By Representatives Jackson of the 142nd, Williams of the 89th and Frazier of the 123rd:
A RESOLUTION recognizing and commending Mrs. Annie Burns Johnson on the occasion of her 100th birthday; and for other purposes.
HR 1994. By Representative Jasperse of the 12th:
A RESOLUTION recognizing and commending Mr. William Dilbeck and Mrs. Gail Dilbeck; and for other purposes.
HR 1995. By Representatives Powell of the 29th, Ralston of the 7th, Meadows of the 5th, O`Neal of the 146th, Lindsey of the 54th and others:
A RESOLUTION recognizing and commending Mr. John Henry Chamlee; and for other purposes.
HR 1996. By Representative Scott of the 2nd:
A RESOLUTION honoring the life and memory of Mr. Alvin Leon Scott; and for other purposes.

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HR 1997. By Representative Scott of the 2nd:
A RESOLUTION recognizing and commending Mr. Joseph "Joe" Burton Johnson and Mrs. Ruby Elizabeth Johnson on the occasion of their 71st wedding anniversary; and for other purposes.
HR 1998. By Representatives Mayo of the 91st, Williams of the 89th and Dickerson of the 95th:
A RESOLUTION recognizing and commending Mother Clara Georgia Sims on the occasion of her 100th birthday; and for other purposes.
HR 1999. By Representatives Shaw of the 176th, Hanner of the 148th, Parrish of the 156th, Houston of the 170th, Smyre of the 132nd and others:
A RESOLUTION honoring the life and memory of Honorable Harry D. Dixon, Sr.; and for other purposes.
HR 2000. By Representative Parsons of the 42nd:
A RESOLUTION recognizing and commending Sprayberry High School for being named one of the 2011 Georgia Schools of Excellence; and for other purposes.
HR 2001. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Forrest Hill Academy; and for other purposes.
HR 2002. By Representative Baker of the 78th:
A RESOLUTION recognizing and commending Clayton County Family Care, Inc., on the occasion of its 60th anniversary; and for other purposes.
HR 2003. By Representatives Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th, Spencer of the 180th and Williams of the 165th:
A RESOLUTION honoring the life and memory of Mr. Aspinwall Hodge "Pat" Redd; and for other purposes.
HR 2004. By Representatives Purcell of the 159th, Ralston of the 7th, Parsons of the 42nd, Davis of the 109th, Neal of the 1st and others:

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A RESOLUTION recognizing and commending Representative Amos Amerson; and for other purposes.
HR 2005. By Representative Rogers of the 10th:
A RESOLUTION recognizing and commending the Gainesville High School Academic Bowl team on their 2012 Academic Bowl State Championship; and for other purposes.
HR 2006. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st:
A RESOLUTION recognizing and commending the Gainesville High School Academic Bowl team on their 2012 Academic Bowl State Championship; and for other purposes.
HR 2007. By Representatives Williams of the 113th, Heard of the 114th and McKillip of the 115th:
A RESOLUTION recognizing and commending Mr. Steve Middlebrooks; and for other purposes.
HR 2008. By Representatives Purcell of the 159th and Burns of the 157th:
A RESOLUTION commending Emilia Truluck, Effingham County School System and South Effingham High School's 2012 STAR Student; and for other purposes.
HR 2009. By Representatives Purcell of the 159th and Burns of the 157th:
A RESOLUTION commending Ms. Daphne Sherman, Effingham County School System and South Effingham High School's 2012 STAR Teacher; and for other purposes.
HR 2010. By Representatives Scott of the 76th, Brooks of the 63rd, Waites of the 60th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd and others:
A RESOLUTION honoring the life and memory of Mrs. Ardena Miles Beasley; and for other purposes.
HR 2011. By Representatives Hamilton of the 23rd, Dudgeon of the 24th and Amerson of the 9th:

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A RESOLUTION honoring the life and memory of Mr. Everett Bennett; and for other purposes.
HR 2012. By Representatives Hamilton of the 23rd, Dudgeon of the 24th and Amerson of the 9th:
A RESOLUTION honoring the life and memory of Mr. James Goodman Baker; and for other purposes.
HR 2013. By Representative Kirby of the 107th:
A RESOLUTION recognizing and commending the Grayson High School football team on their 2011 Georgia High School Association Class AAAAA State Football Championship; and for other purposes.
HR 2014. By Representatives Davis of the 109th and Welch of the 110th:
A RESOLUTION recognizing and commending Mr. Shane Thompson on the occasion of Shane's Rib Shack's tenth anniversary; and for other purposes.
The following report of the Committee on Rules was read and adopted:
HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 22, 2012
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
None
Modified Structured Rule
None

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Structured Rule

HB 1176 SB 473

2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions (Substitute)(SJCCJR-Golick-34th) License Plates; veterans awarded Purple Hearts; include persons still serving in the armed services (MotV-McBrayer-153rd) Harbison-15th

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 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:

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.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 5-7-2 of the Official Code of Georgia Annotated, relating to certification required for immediate review of nonfinal orders, decisions, or judgments

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and exceptions, so that the state does not have to seek a certificate of immediate review for orders setting aside or dismissing any indictment, accusation, or petition alleging that a child has committed a delinquent act; to amend Titles 15, 16, 17, 35, and 42 of the Official Code of Georgia Annotated, relating to courts, crimes and offenses, criminal procedure, law enforcement officers and agencies, and penal institutions, 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 change provisions relating to drug and mental health court divisions; to provide for performance measures and best practices; to provide for certification; to provide for funding; to provide for oversight by the Judicial Council of Georgia; to increase the fees for pretrial intervention and diversion programs; to revise provisions relating to additional criminal penalties for purposes of drug abuse treatment and education programs; to expand the list of offenses with respect to which such additional penalties shall be imposed; to provide that funds from such penalties may be used for drug court division purposes; to substantially revise punishment provisions and the elements of the crimes of burglary, theft, shoplifting, counterfeit Universal Product Codes, forgery, deposit account fraud, controlled substances, and marijuana; to provide for and change definitions; to extend the statute of limitations for the prosecutions of the offenses of cruelty to children in the first degree, rape, aggravated sodomy, child molestation, aggravated child molestation, enticing a child for indecent purposes, and incest; to change provisions relating to recidivist punishment; 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 and provide for exceptions; to change provisions relating to inspection, purging, modifying, or supplementing of criminal records; to provide for definitions; to provide for time frames within which certain actions must be taken with respect to restricting access to records or modifying, correcting, supplementing, or amending criminal records; to provide for procedure; to provide for individuals who have not been convicted to have their arrest records restricted; to provide for having the arrest records of individuals convicted of certain misdemeanor offenses restricted under certain circumstances; to provide that the Board of Corrections adopt certain rules and regulations; to change provisions relating to the administration of supervision of felony probationers; to provide for the use of graduated sanctions in disciplining probationers who violate the terms of their probation; to change provisions relating to terms and conditions of probation; to provide for a maximum stay in probation detention centers; to clarify provisions relating to probation supervision and provide for early termination of a sentence; to amend Titles 5, 15, 16, 17, 31, 36, and 42 of the Official Code of Georgia Annotated, relating to appeal and error, courts, crimes and offenses, criminal procedure, health, local government, and penal institutions, respectively, so as to conform provisions and correct cross-references; to provide for related matters; to provide for effective dates 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 APPEAL BY THE STATE
SECTION 1-1.
Code Section 5-7-2 of the Official Code of Georgia Annotated, relating to certification required for immediate review of nonfinal orders, decisions, or judgments and exceptions, is amended by revising subsection (b) as follows:
"(b) A certificate of immediate review shall not be required from an: (1) Order, decision, or judgment suppressing or excluding illegally seized evidence; or (2) Order, decision, or judgment described in paragraph (1) or (7) of subsection (a) of Code Section 5-7-1."
PART II DRUG AND MENTAL HEALTH COURT DIVISIONS, DIVERSION PROGRAMS, AND THE COUNTY DRUG
ABUSE TREATMENT AND EDUCATION FUND SECTION 2-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (a) of Code Section 15-1-15, relating to drug court divisions, as follows:
"(a)(1) Any court that has jurisdiction over any criminal case which arises from the use, sale, possession, delivery, distribution, purchase, or manufacture of a controlled substance, noncontrolled substance, dangerous drug, or other drug may establish a drug court division to provide an alternative to the traditional judicial system for disposition of such cases. (2) In any case which arises from the use, addiction, dependency, sale, possession, delivery, distribution, purchase, or manufacture of a controlled substance, noncontrolled substance, dangerous drug, or other drug or is ancillary to such conduct and the defendant meets the eligibility criteria for the drug court division, the court may assign the case to the drug court division:
(A) Prior to the entry of the sentence, if the prosecuting attorney consents; (B) As part of a sentence in a case; or (C) Upon consideration of a petition to revoke probation. (3) Each drug court division shall establish a planning group to develop a work plan. The planning group shall include the judges, prosecuting attorneys, public defenders, probation officers, and persons having expertise in the field of substance abuse. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the drug court division. The work plan shall include eligibility criteria for the drug court division policies and practices related to

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implementing the standards and practices developed pursuant to paragraph (4) of this subsection. The work plan shall ensure a risk and needs assessment is used to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The work plan shall ensure that drug court division eligibility shall be focused on moderate-risk and high-risk offenders as determined by a risk and needs assessment. The drug court division shall combine judicial supervision, treatment of drug court division participants, and drug testing.
(4)(A) On or before January 1, 2013, the The Judicial Council of Georgia shall adopt standards for the drug court divisions. Each drug court division shall adopt standards that are consistent with the standards of the Judicial Council of Georgia. The standards are to serve as a flexible framework for developing effective drug court divisions and to provide a structure for conducting research and evaluation for program accountability. The standards are not intended to be a certification or regulatory checklist establish standards and practices for drug court divisions taking into consideration guidelines and principles based on current research and findings published by the National Drug Court Institute and the Substance Abuse and Mental Health Services Administration, relating to practices shown to reduce recidivism of offenders with drug abuse problems. Standards and practices shall include, but shall not be limited to, the use of a risk and needs assessment to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The Judicial Council of Georgia shall update its standards and practices to incorporate research, findings, and developments in the drug court field. Each drug court division shall adopt policies and practices that are consistent with the standards and practices published by the Judicial Council of Georgia. (B) On and after January 1, 2013, the Judicial Council of Georgia shall provide technical assistance to drug court divisions to assist them with the implementation of policies and practices, including, but not limited to, guidance on the implementation of risk and needs assessments in drug court divisions. (C) On or before July 1, 2013, the Judicial Council of Georgia shall create and manage a certification and peer review process to ensure drug court divisions are adhering to the Judicial Council of Georgia's standards and practices and shall create a waiver process for drug court divisions to seek an exception to the Judicial Council of Georgia's standards and practices. In order to receive state appropriated funds, any drug court division established on and after July 1, 2013, shall be certified pursuant to this subparagraph or, for good cause shown to the Judicial Council of Georgia, shall receive a waiver from the Judicial Council of Georgia. (D) On and after July 1, 2013, the award of any state funds for a drug court division shall be conditioned upon a drug court division attaining certification or a waiver by the Judicial Council of Georgia. On or before September 1, the Judicial Council of Georgia shall publish an annual report listing certified drug court divisions. (E) Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format

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from all drug court divisions. The Judicial Council of Georgia shall identify elements necessary for performance measurement, including, but not limited to, recidivism, the number of moderate-risk and high-risk participants in a drug court division, drug testing results, drug testing failures, participant employment, the number of participants who successfully complete the program, and the number of participants who fail to complete the program. (F) On or before July 1, 2015, and every three years thereafter, the Judicial Council of Georgia shall conduct a performance peer review of the drug court divisions for the purpose of improving drug court division policies and practices and the certification and recertification process. (5) The court instituting the drug court division may request the prosecuting attorney for the jurisdiction to designate one or more prosecuting attorneys to serve in the drug court division and may request the public defender, if any, to designate one or more assistant public defenders to serve in the drug court division. (6) The clerk of the court instituting the drug court division or such clerk's designee shall serve as the clerk of the drug court division. (7) The court instituting the drug court division may request probation officers and other employees of the court to perform duties for the drug court division. Such employees shall perform duties as directed by the judges of the drug court division. (8) The court instituting the drug court division may enter into agreements with other courts and agencies for the assignment of personnel from other courts and agencies to the drug court division. (9) Expenses for salaries, equipment, services, and supplies incurred in implementing this Code section may be paid from state funds, funds of the county or political subdivision implementing such drug court division, federal grant funds, and funds from private donations. (10) As used in this Code section, the term 'risk and needs assessment' means an actuarial tool, approved by the Judicial Council of Georgia and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior."
SECTION 2-2. Said title is further amended by revising subsection (b) of Code Section 15-1-16, relating to mental health court divisions, as follows:
"(b)(1) To achieve a reduction in recidivism and symptoms of mental illness among mentally ill offenders in criminal cases and to increase their likelihood of successful rehabilitation through early, continuous, and intense judicially supervised treatment, any court that has jurisdiction over a criminal case in which a defendant has a mental illness or developmental disability, or a co-occurring mental illness and substance abuse disorder, may establish a mental health court division to provide an alternative to the traditional judicial system for disposition of such cases. A mental health court

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division will bring together mental health professionals, local social programs, and intensive judicial monitoring. (2) In any criminal case in which a defendant suffers from a mental illness or developmental disability, or a co-occurring mental illness and substance abuse disorder, and the defendant meets the eligibility criteria for the mental health court division, the court may refer the case to the mental health court division:
(A) Prior to the entry of the sentence, if the prosecuting attorney consents; (B) As part of a sentence in a case; or (C) Upon consideration of a petition to revoke probation. (3) Each mental health court division shall establish a planning group to develop a written work plan. The planning group shall include judges, prosecuting attorneys, sheriffs or their designees, public defenders, probation officers, and persons having expertise in the field of mental health. The work plan shall address the operational, coordination, resource, information management, and evaluation needs of the mental health court division. The work plan shall include written eligibility criteria for the mental health court division policies and practices related to implementing the standards and practices developed pursuant to paragraph (4) of this subsection. The work plan shall ensure a risk and needs assessment is used to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The work plan shall ensure that mental health court division eligibility shall be focused on moderate-risk and high-risk offenders as determined by a risk and needs assessment. The mental health court division shall combine judicial supervision, treatment of mental health court division participants, and drug and mental health testing. Defendants charged with murder, armed robbery, rape, aggravated sodomy, aggravated sexual battery, aggravated child molestation, or child molestation shall not be eligible for entry into the mental health court division, except in the case of a separate court supervised reentry program designed to more closely monitor mentally ill offenders returning to the community after having served a term of incarceration. Any such court supervised community reentry program for mentally ill offenders shall be subject to the work plan as provided for in this paragraph. (4)(A) On or before January 1, 2013, the The Judicial Council of Georgia shall adopt standards for the mental health court divisions. Each mental health court division shall adopt standards that are consistent with the standards of the Judicial Council of Georgia. The standards shall serve as a flexible framework for developing effective mental health court divisions and provide a structure for conducting research and evaluation for division accountability. The standards are not intended to be a certification or regulatory checklist establish standards and practices for mental health court divisions taking into consideration guidelines and principles based on current research and findings published by expert organizations, including, but not limited to, the United States Substance Abuse and Mental Health Services Administration, the Council of State Governments Consensus Project, and the National GAINS Center, relating to practices shown to reduce recidivism of offenders with mental illness or developmental disabilities. Standards and practices

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shall include, but shall not be limited to, the use of a risk and needs assessment to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The Judicial Council of Georgia shall update its standards and practices to incorporate research, findings, and developments in the mental health court field. Each mental health court division shall adopt policies and practices that are consistent with the standards and practices published by the Judicial Council of Georgia. (B) On and after January 1, 2013, the Judicial Council of Georgia shall provide technical assistance to mental health court divisions to assist them with the implementation of policies and practices, including, but not limited to, guidance on the implementation of risk and needs assessments in mental health court divisions. (C) On or before July 1, 2013, the Judicial Council of Georgia shall create and manage a certification and peer review process to ensure mental health court divisions are adhering to the Judicial Council of Georgia's standards and practices and shall create a waiver process for mental health court divisions to seek an exception to the Judicial Council of Georgia's standards and practices. In order to receive state appropriated funds, any mental health court division established on and after July 1, 2013, shall be certified pursuant to this subparagraph or, for good cause shown to the Judicial Council of Georgia, shall receive a waiver from the Judicial Council of Georgia. (D) On and after July 1, 2013, the award of any state funds for a mental health court division shall be conditioned upon a mental health court division attaining certification or a waiver by the Judicial Council of Georgia. On or before September 1, the Judicial Council of Georgia shall publish an annual report listing of certified mental health court divisions. (E) Pursuant to Code Section 15-5-24, the Administrative Office of the Courts shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all mental health court divisions. The Judicial Council of Georgia shall identify elements necessary for performance measurement, including, but not limited to, recidivism, the number of moderate-risk and high-risk participants in a mental health court division, drug testing results, drug testing failures, the number of participants who successfully complete the program, and the number of participants who fail to complete the program. (F) On or before July 1, 2015, and every three years thereafter, the Judicial Council of Georgia shall conduct a performance peer review of the mental health court divisions for the purpose of improving mental health court division policy and practices and the certification and recertification process. (5) The court instituting the mental health court division may request the district attorney for the judicial circuit or solicitor-general for the state court for the jurisdiction to designate one or more prosecuting attorneys to serve in the mental health court division and may request the circuit public defender, if any, to designate one or more assistant public defenders to serve in the mental health court division.

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(6) The clerk of the court instituting the mental health court division or such clerk's designee shall serve as the clerk of the mental health court division. (7) The court instituting the mental health court division may request other employees of the court to perform duties for the mental health court division. Such employees shall perform duties as directed by the judges of the mental health court division. (8) The court instituting the mental health court division may enter into agreements with other courts and agencies for the assignment of personnel from other courts and agencies to the mental health court division, including probation supervision. (9) Expenses for salaries, equipment, services, and supplies incurred in implementing this Code section may be paid from state funds, funds of the county or political subdivision implementing such mental health court division, federal grant funds, and funds from private donations. (10) As used in this Code section, the term 'risk and needs assessment' means an actuarial tool, approved by the Judicial Council of Georgia and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior."
SECTION 2-3. Said title is further amended by revising subsection (f) of Code Section 15-18-80, relating to policy and procedure for pretrial intervention and diversion programs, as follows:
"(f) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $300.00 $1,000.00 for the administration of the program. Such fee may be waived in part or in whole or made payable in monthly increments upon a showing of good cause to the prosecuting attorney. Any fee collected under this subsection shall be made payable to the general fund of the political subdivision in which the case is being prosecuted."
SECTION 2-4. Said title is further amended by revising Article 6 of Chapter 21, relating to the County Drug Abuse Treatment and Education Fund, as follows:
"ARTICLE 6
15-21-100. (a) In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, or 1613-30.2, 16-13-30.3, 16-13-30.5, 16-13-31, which offenses relate to certain activities regarding marijuana, controlled substances, and noncontrolled substances 16-13-31.1, 16-13-32, 16-13-32.1, 16-13-32.2, 16-13-32.3, 16-13-32.4, 16-13-32.5, or 16-13-32.6, there shall be imposed as an additional penalty a sum equal to 50 percent of the original

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fine. The additional 50 percent penalty shall also be imposed in every case in which a fine is imposed for violation of:
(1) Code Section 3-3-23.1; (2) Code Section 40-6-391; or (3) Code Section 40-6-393 or 40-6-394 if the offender was also charged with a violation of Code Section 40-6-391. If no fine is provided for in the applicable Code section, and the judge places the defendant on probation, the fine authorized by Code Section 17-10-8 shall be applicable. (b) The sums required by subsection (a) of this Code section shall be in addition to the amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.
15-21-101. (a) The sums provided for in Code Section 15-21-100 shall be collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located upon receipt of the fine and assessment if paid in full at the time of sentencing or upon receipt of the final payment if the fine is paid in installments. Those sums paid over to the governing authority shall be deposited thereby into a special account to be known as the 'County Drug Abuse Treatment and Education Fund.' (b) Moneys collected pursuant to this article and placed in the 'County Drug Abuse Treatment and Education Fund' shall be expended by the governing authority of the county for which the fund is established solely and exclusively:
(1) For drug abuse treatment and education programs relating to controlled substances, alcohol, and marijuana; and (2) If a drug court division has been established in the county under Code Section 151-15, for purposes of the drug court division. This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of drug abuse treatment or education programs or drug court divisions."
PART III CRIMES AND OFFENSES
SECTION 3-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-7-1, relating to burglary, as follows:
"16-7-1. (a) As used in this Code section, the term:
(1) 'Dangerous weapon' means any weapon commonly known as a rocket launcher, bazooka, or recoilless rifle which fires explosive or nonexplosive rockets designed to

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injure or kill personnel or destroy heavy armor or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a mortar which fires high explosive from a metallic cylinder and which is commonly used by the armed forces as an antipersonnel weapon or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a hand grenade. (2) 'Dwelling' means any building, structure, or portion thereof which is designed or intended for occupancy for residential use. (3) 'Explosive' means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury to persons or damage to property, including, but not limited to, the substances designated in Code Section 16-7-81; provided, however, that the term explosive shall not include common fireworks as defined by Code Section 25-10-1, model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, or toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps unless such devices are used as a component of a destructive device. (4) 'Firearm' means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge and includes stun guns and tasers as defined by subsection (a) of Code Section 16-11-106. (5) 'Railroad car' shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. (6) 'Weapon' means an object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death or any replica, article, or device having the appearance of such a weapon, including, but not limited to, a firearm, dangerous weapon, or any object defined as a weapon by Code Section 16-11-127.1. (a)(b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within the an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof and the conduct: (1) Occurs while such person is in possession of a weapon or explosive; (2) Causes physical harm to any person other than the accused or any person party to a crime; or (3) Is committed by an accused who has been convicted of burglary in any degree on two or more prior occasions.

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(c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another and the conduct does not occur under the circumstances described in paragraphs (1) through (3) of subsection (b) of this Code section. (d) A person commits the offense of burglary in the third degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft.
(e)(1) A person convicted of who commits the offense of burglary, for the first such offense in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one five nor more than 20 30 years. For the purposes of this Code section, the term 'railroad car' shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. (2) A person who commits the offense of burglary in the second degree 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. Upon the second conviction for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more that 20 years. Upon the third and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than five years nor more than 20 years. (3) A person who commits the offense of burglary in the third degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the third degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than eight years. (b) Upon a second conviction for a crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than two nor more than 20 years. Upon a third conviction for the crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than five nor more than 20 years. (f) Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under this subsection burglary in the first degree."
SECTION 3-2. Said title is further amended by revising Code Section 16-8-12, relating to penalties for theft in violation of Code Sections 16-8-2 through 16-8-9, as follows:

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"16-8-12. (a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:
(1)(A) If the property which was the subject of the theft exceeded $500.00 $24,999.99 in value, by imprisonment for not less than one two nor more than ten 20 years or, in the discretion of the trial judge, as for a misdemeanor; (B) If the property which was the subject of the theft was at least $5,000.00 in value but was less than $25,000.00 in value, by imprisonment for not less than one nor more than ten years and, in the discretion of the trial judge, as for a misdemeanor; (C) If the property which was the subject of the theft was at least $1,500.01 in value but was less than $5,000.00 in value, by imprisonment for not less than one nor more than five years and, in the discretion of the trial judge, as for a misdemeanor; and (D) If the defendant has two prior misdemeanor convictions for a violation of Code Sections 16-8-2 through 16-8-9, upon a third conviction or subsequent conviction, such defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years and, in the discretion of the trial judge, as for a misdemeanor; (2) If the property was any amount of anhydrous ammonia, as defined in Code Section 16-11-111, by imprisonment for not less than one nor more than ten years, a fine not to exceed the amount provided by Code Section 17-10-8, or both; (3) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-108, or both; (4) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act; (5)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value or if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 101-393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is

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convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; (6)(A) As used in this paragraph, the term:
(i) 'Destructive device' means a destructive device as such term is defined by Code Section 16-7-80. (ii) 'Explosive' means an explosive as such term is defined by Code Section 16-780. (iii) 'Firearm' means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years; (7) If the property which was the subject of the theft is a grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, and if such grave marker, monument, memorial, plaque, or marker is privately owned or located on privately owned land, by imprisonment for not less than one nor more than three years if the value of the property which was the subject of the theft is $300.00 $1,000.00 or less, and by imprisonment for not less than three years and not more than five years if the value of the property which was the subject of the theft is more than $300.00 $1,000.00; (8) If the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including, without limitation, any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, by imprisonment for not less than three years nor more than ten years, a fine not less than $5,000.00 nor more than $50,000.00, and, if applicable, the revocation of the defendant's commercial driver's license in accordance with Code Section 40-5-151, or any combination of such penalties. For purposes of this paragraph, the term 'vehicle' includes, without limitation, any railcar; or (9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or

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removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both. (b) Except as otherwise provided in paragraph (5) of subsection (a) of this Code section, any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years. (c) Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a growing or otherwise unharvested commercial agricultural product which is being grown or produced as a crop, such offense shall be punished by a fine of not less than $500.00 $1,000.00 and not more than the maximum fine otherwise authorized by law. This minimum fine shall not in any such case be subject to suspension, stay, or probation. This minimum fine shall not be required in any case in which a sentence of confinement is imposed and such sentence of confinement is not suspended, stayed, or probated; but this subsection shall not prohibit imposition of any otherwise authorized fine in such a case."
SECTION 3-3. Said title is further amended by revising Code Section 16-8-14, relating to theft by shoplifting, as follows:
"16-8-14. (a) A person commits the offense of theft by shoplifting when he such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:
(1) Conceals or takes possession of the goods or merchandise of any store or retail establishment; (2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment; (3) Transfers the goods or merchandise of any store or retail establishment from one container to another; (4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or (5) Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise. (b)(1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $300.00 $500.00 or less in value shall be punished as for a misdemeanor; provided, however, that:
(A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $250.00 $500.00, and the fine shall not be suspended or probated;

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(B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a 'special alternative incarceration-probation boot camp,' probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and (C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld. (2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft exceeds $300.00 $500.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (3) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject of each theft exceeds $100.00 $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (4) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken during a period of 180 days and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (c) In all cases involving theft by shoplifting, the term 'value' means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property. (d) Subsection (b) of this Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3, relative to punishment for misdemeanors."

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SECTION 3-4. Said title is further amended by revising Code Section 16-8-17, relating to counterfeit Universal Product Codes, as follows:
"16-8-17. (a)(1) Except as provided in paragraph (2) of this subsection, a person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal Product Code label which results in a theft of property which exceeds $300.00 $500.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine or both. (2) A person convicted of a violation of paragraph (1) of this subsection, when the property which was the subject of the theft resulting from the unlawful use of retail sales receipts or Universal Product Code labels is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject of each theft exceeds $100.00 $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.
(b) A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent retail sales receipts or Universal Product Code labels or possesses a device the purpose of which is to manufacture fraudulent retail sales receipts or Universal Product Code labels will shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years."
SECTION 3-5. Said title is further amended by revising Code Sections 16-9-1, 16-9-2, and 16-9-3, relating to forgery in the first degree, forgery in the second degree, and "writing" defined, respectively, as follows:
"16-9-1. (a) As used in this Code section, the term:
(1) 'Bank' means incorporated banks, savings banks, banking companies, trust companies, credit unions, and other corporations doing a banking business. (2) 'Check' means any instrument for the payment or transmission of money payable on demand and drawn on a bank. (3) 'Writing' includes, but shall not be limited to, printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification. (b) A person commits the offense of forgery in the first degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing. (b) A person convicted of the offense of forgery in the first degree shall be punished by imprisonment for not less than one nor more than ten years.

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(c) A person commits the offense of forgery in the second degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, including a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. (d) A person commits the offense of forgery in the third degree when with the intent to defraud he or she knowingly makes, alters, or possesses any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such check. (e) A person commits the offense of forgery in the fourth degree when with the intent to defraud he or she knowingly makes, alters, or possesses any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such check.
16-9-2. (a) A person who commits the offense of forgery in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 15 years. A person commits the offense of forgery in the second degree when with the intent to defraud he knowingly makes, alters, or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. (b) A person convicted of who commits the offense of forgery in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (c) A person who commits the offense of forgery in the third degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (d) A person who commits the offense of forgery in the fourth degree shall be guilty of a misdemeanor; provided, however, that upon the third and all subsequent convictions for such offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
16-9-3. For purposes of Code Sections 16-9-1 and 16-9-2, the word 'writing' includes, but is not limited to, printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification. Reserved."

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SECTION 3-6. Said title is further amended by revising subsection (b) of Code Section 16-9-20, relating to deposit account fraud, as follows:
"(b)(1) Except as provided in paragraphs (2) and (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of deposit account fraud shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(A) When the instrument is for less than $100.00 $500.00, a fine of not more than $500.00 or imprisonment not to exceed 12 months, or both; (B) When the instrument is for $100.00 $500.00 or more but less than $300.00 $1,000.00, a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both; or (C) When more than one instrument is involved and such instruments were drawn within 90 days of one another and each is in an amount less than $100.00 $500.00, the amounts of such separate instruments may be added together to arrive at and be punishable under subparagraph (B) of this paragraph. (2) Except as provided in paragraph (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of deposit account fraud, when the instrument is for an amount of not less than $300.00 $1,000.00 nor more than $499.99 $1,499.99, shall be guilty of a misdemeanor of a high and aggravated nature. When more than one instrument is involved and such instruments were given to the same entity within a 15 day period and the cumulative total of such instruments is not less than $300.00 $1,000.00 nor more than $499.99 $1,499.00, the person drawing and giving such instruments shall upon conviction be guilty of a misdemeanor of a high and aggravated nature. (3) Except as provided in subsection (c) of this Code section, a person convicted of the offense of deposit account fraud, when the instrument is for $500.00 $1,500.00 or more, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both. (4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the instrument, together with all costs of bringing a complaint under this Code section. The court may require the defendant to pay as interest a monthly payment equal to 1 percent of the amount of the instrument. Such amount shall be paid each month in addition to any payments on the principal until the entire balance, including the principal and any unpaid interest payments, is paid in full. Such amount shall be paid without regard to any reduction in the principal balance owed. Costs shall be determined by the court from competent evidence of costs provided by the party causing the criminal warrant or citation to issue; provided, however, that the minimum costs shall not be less than $25.00. Restitution may be made while the defendant is serving a probated or suspended sentence."

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SECTION 3-7A. Said title is further amended by revising Code Section 16-13-30, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties, as follows:
"16-13-30. (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance. (b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance. (c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years one year nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than five years nor more than 30 years. (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense. (e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years one year nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be punished by imprisonment for not less than five years nor more than 30 years. (f) Upon a third or subsequent conviction for a violation of subsection (a) of this Code section with respect to a controlled substance in Schedule I or II or subsection (i) of this Code section, such person shall be punished by imprisonment for a term not to exceed twice the length of the sentence applicable to the particular crime. Reserved. (g) Except as provided in subsection (l) of this Code section, any Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five three years. Upon conviction of a second third or subsequent offense, he or she shall be imprisoned for not less than one year nor more than ten five years. (h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon

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conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
(i)(1) Except as authorized by this article, it is unlawful for any person to possess, or have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this subsection paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten two years. (2) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (j)(1) It is shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana. (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both. (l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years one year nor more than 15 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than five years nor more than 30 years. (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense."

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SECTION 3-7B. Said title is further amended by revising Code Section 16-13-30, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties, as follows:
"16-13-30. (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance. (b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance. (c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than five years nor more than 30 years as follows:
(1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years; (2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and
(3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years. (B) This paragraph shall not apply to morphine, heroin, or opium or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances. (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

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(e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be punished by imprisonment for not less than five years nor more than 30 years as follows:
(1) If the aggregate weight, including any mixture, is less than two grams of a solid substance, less than two milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years; (2) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance, at lease two milliliters but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and (3) If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years. (f) Upon a third or subsequent conviction for a violation of subsection (a) of this Code section with respect to a controlled substance in Schedule I or II or subsection (i) of this Code section, such person shall be punished by imprisonment for a term not to exceed twice the length of the sentence applicable to the particular crime. Reserved. (g) Except as provided in subsection (l) of this Code section, any Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five three years. Upon conviction of a second third or subsequent offense, he or she shall be imprisoned for not less than one year nor more than ten five years. (h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (i)(1) Except as authorized by this article, it is unlawful for any person to possess, or have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this subsection paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten two years. (2) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this paragraph shall be

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guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (j)(1) It is shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana. (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both. (l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years one year nor more than 15 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than five years nor more than 30 years. (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense. (m) As used in this Code section, the term 'solid substance' means tablets, pills, capsules, caplets, or any varient of such items."
SECTION 3-7C. Said title is further amended by revising Code Section 16-13-30, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties, as follows:
"16-13-30. (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.

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(b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance. (c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than five years nor more than 30 years as follows:
(1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years; (2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and
(3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years. (B) This paragraph shall not apply to morphine, heroin, or opium or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances. (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense. (e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be punished by imprisonment for not less than five years nor more than 30 years as follows:

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(1) If the aggregate weight, including any mixture, is less than two grams of a solid substance, less than two milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years; (2) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance, at lease two milliliters but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and (3) If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years. (f) Upon a third or subsequent conviction for a violation of subsection (a) of this Code section with respect to a controlled substance in Schedule I or II or subsection (i) of this Code section, such person shall be punished by imprisonment for a term not to exceed twice the length of the sentence applicable to the particular crime. Reserved. (g) Except as provided in subsection (l) of this Code section, any Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five three years. Upon conviction of a second third or subsequent offense, he or she shall be imprisoned for not less than one year nor more than ten five years. (h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (i)(1) Except as authorized by this article, it is unlawful for any person to possess, or have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this subsection paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten two years. (2) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (j)(1) It is shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.

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(2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both. (l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than five years nor more than 30 years as follows:
(A) If the aggregate weight, including any mixture, is less than two grams of a solid substance of flunitrazepam, less than two milliliters of liquid flunitrazepam, or if flunitrazepam is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years; (B) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance of flunitrazepam, at lease two milliliters but less than four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and (C) If the aggregate weight, including any mixture, is at least four grams of a solid substance of flunitrazepam, at least four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least four grams, by imprisonment for not less than one nor more than 15 years. (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense. (m) As used in this Code section, the term 'solid substance' means tablets, pills, capsules, caplets, or any varient of such items."

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SECTION 3-8. Said title is further amended by revising subsection (h) of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and penalties, as follows:
"(h) Any person who violates any provision of this Code section in regard to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine shall be punished by imprisonment for not less than five years nor as provided for in the applicable mandatory minimum punishment and for not more than 30 years of imprisonment and by a fine not to exceed $1 million."
PART IV CRIMINAL PROCEDURE
SECTION 4-1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-3-1, relating to limitation on prosecutions generally, as follows:
"17-3-1. (a) A prosecution for murder may be commenced at any time. (b) Except as otherwise provided in Code Section 17-3-2.1, prosecution Prosecution for other crimes punishable by death or life imprisonment must shall be commenced within seven years after the commission of the crime except as provided by subsection (c.1) (d) of this Code section; provided, however, that prosecution for the crime of forcible rape must shall be commenced within 15 years after the commission of the crime. (c) Except as otherwise provided in Code Section 17-3-2.1, prosecution Prosecution for felonies other than those specified in subsections (a), (b), and (c.1) (d) of this Code section must shall be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years must shall be commenced within seven years after the commission of the crime. (c.1)(d) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused:
(1) Armed robbery, as defined in Code Section 16-8-41; (2) Kidnapping, as defined in Code Section 16-5-40; (3) Rape, as defined in Code Section 16-6-1; (4) Aggravated child molestation, as defined in Code Section 16-6-4; (5) Aggravated sodomy, as defined in Code Section 16-6-2; or (6) Aggravated sexual battery, as defined in Code Section 16-6-22.2; provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that, if the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section.

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(d)(e) Prosecution for misdemeanors must shall be commenced within two years after the commission of the crime."
SECTION 4-2. Said title is further amended by revising Code Section 17-3-2.1, relating to limitation on prosecution of certain offenses involving a victim under 16 years of age, as follows:
"17-3-2.1. (a) For crimes committed during the period beginning on July 1, 1992, and ending on June 30, 2012, if If the victim of a violation of:
(1) Cruelty to children, as defined in Code Section 16-5-70, relating to cruelty to children; (2) Rape, as defined in Code Section 16-6-1, relating to rape; (3) Sodomy or aggravated sodomy, as defined in Code Section 16-6-2, relating to sodomy and aggravated sodomy; (4) Statutory rape, as defined in Code Section 16-6-3, relating to statutory rape; (5) Child molestation or aggravated child molestation, as defined in Code Section 166-4, relating to child molestation and aggravated child molestation; (6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5, relating to enticing a child for indecent purposes; or (7) Incest, as defined in Code Section 16-6-22, relating to incest, is under 16 years of age on the date of the violation, the applicable period within which a prosecution must shall be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney. (b) For crimes committed on and after July 1, 2012, if the victim of a violation of: (1) Cruelty to children in the first degree, as defined in Code Section 16-5-70; (2) Rape, as defined in Code Section 16-6-1; (3) Aggravated sodomy, as defined in Code Section 16-6-2; (4) Child molestation or aggravated child molestation, as defined in Code Section 166-4; (5) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or (6) Incest, as defined in Code Section 16-6-22, is under 16 years of age on the date of the violation and the violation is not subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4, paragraph (2) of subsection (d) of Code Section 16-6-4, or subsection (c) of Code Section 16-6-5, a prosecution may be commenced at any time. This Code section shall apply to any offense designated in paragraphs (1) through (7) of subsection (a) of this Code section occurring on or after July 1, 1992."

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SECTION 4-3. Said title is further amended by revising paragraphs (2) and (5) of subsection (a) of Code Section 17-10-1, relating to fixing of sentence, as follows:
"(2) Active probation Probation supervision shall terminate in all cases no later than two years from the commencement of active probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, that in those cases involving the collection of fines, restitution, or other funds, the period of active probation supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, whichever first occurs, and for those cases involving a conviction under the 'Georgia Street Gang Terrorism and Prevention Act,' the period of active probation supervision shall remain in effect until the termination of the sentence, but shall not exceed five years unless as otherwise provided in this paragraph. Active probation Probation supervision shall not be required for defendants sentenced to probation while the defendant is in the legal custody of the Department of Corrections or the State Board of Pardons and Paroles. As used in this paragraph, the term 'active probation supervision' shall have the same meaning as the term 'active supervision' as set forth in Code Section 42-1-1."
"(5)(A) Where a defendant has been sentenced to probation, the court shall retain jurisdiction throughout the period of the probated sentence as provided for in subsection (g) of Code Section 42-8-34. Without limiting the generality of the foregoing, the court may shorten the period of active probation supervision or administrative probation supervision on motion of the defendant or on its own motion, or upon the request of a probation supervisor, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. Prior to entering any order for shortening a period of probation, the court shall afford notice to the victim or victims of all sex related offenses or violent offenses resulting in serious bodily injury or death, and, upon request of the victim or victims so notified, shall afford notice and an opportunity for hearing to the defendant and the prosecuting attorney. (B) The Department of Corrections shall establish a form document which shall include the elements set forth in this Code section concerning notification of victims and shall make copies of such form available to prosecuting attorneys in the this state. When requested by the victim, the form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the probation office having jurisdiction over the case and contain a statement that the victim must maintain a copy of his or her address with the probation office and must notify the office of any change of address in order to maintain eligibility for notification by the Department of Corrections as required in this Code section. (C) As used in this paragraph, the terms 'active probation supervision' and 'administrative probation supervision' shall have the same meanings as the terms 'active supervision' and 'administrative supervision,' respectively, as set forth in Code Section 42-1-1."

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SECTION 4-4. Said title is further amended by revising subsections (a) and (c) of Code Section 17-10-7, relating to punishment of repeat offenders, and by adding a new subsection (b.1) to read as follows:
"(a) Except as otherwise provided in subsection (b) or (b.1) of this Code section, any person who, after having been convicted of a felony offense in this state or having been convicted under the laws of any other state or of the United States of a crime which if committed within this state would be a felony and sentenced to confinement in a penal institution, who shall afterwards commit commits a felony punishable by confinement in a penal institution, shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense of which he or she stands convicted, provided that, unless otherwise provided by law, the trial judge may, in his or her discretion, probate or suspend the maximum sentence prescribed for the offense." "(b.1) Subsections (a) and (c) of this Code section shall not apply to a second or any subsequent conviction for any violation of subsection (a), paragraph (1) of subsection (i), or subsection (j) of Code Section 16-13-30. (c) Except as otherwise provided in subsection (b) or (b.1) of this Code section, any person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state shall, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served."
PART V MANDATORY REPORTING OF CHILD ABUSE
SECTION 5-1.
Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, is amended by revising subsections (b), (c), and (g) as follows:
"(b) As used in this Code section, the term: (1) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-111. (1)(2) 'Abused' means subjected to child abuse. (2)(3) 'Child' means any person under 18 years of age. (3)(4) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual abuse of a child; or (D) Sexual exploitation of a child.

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However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' child. (5) 'Child service organization personnel' means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children. (6) 'Clergy' means ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization. (7) 'Pregnancy resource center' means an organization or facility that:
(A) Provides pregnancy counseling or information as its primary purpose, either for a fee or as a free service; (B) Does not provide or refer for abortions; (C) Does not provide or refer for FDA approved contraceptive drugs or devices; and (D) Is not licensed or certified by the state or federal government to provide medical or health care services and is not otherwise bound to follow federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or other state or federal laws relating to patient confidentiality. (8) 'Reproductive health care facility' means any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, or gynecological care and services. (9) 'School' means any public or private pre-kindergarten, elementary school, secondary school, technical school, vocational school, college, university, or institution of postsecondary education. (3.1)(10) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse 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) 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.

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'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (4)(11) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires that child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (c)(1) The following persons having reasonable cause to believe that a child has been abused shall report or cause reports of that abuse to be made as provided in this Code section: (A) Physicians licensed to practice medicine, interns, or residents; (B) Hospital or medical personnel; (C) Dentists; (D) Licensed psychologists and persons participating in internships to obtain licensing pursuant to Chapter 39 of Title 43; (E) Podiatrists; (F) Registered professional nurses or licensed practical nurses licensed pursuant to Chapter 24 of Title 43 or nurse's aides; (G) Professional counselors, social workers, or marriage and family therapists licensed pursuant to Chapter 10A of Title 43; (H) School teachers; (I) School administrators; (J) School guidance counselors, visiting teachers, school social workers, or school psychologists certified pursuant to Chapter 2 of Title 20; (K) Child welfare agency personnel, as that agency is defined pursuant to Code Section 49-5-12; (L) Child-counseling personnel; (M) Child service organization personnel; or (N) Law enforcement personnel; or (O) Reproductive health care facility or pregnancy resource center personnel and volunteers. (2) If a person is required to report child abuse pursuant to this subsection because that person attends to a child pursuant to such person's duties as a member of the staff of a hospital, school, social agency, or similar facility, that person shall notify the person in charge of the facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code section. A staff member who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection. Under no circumstances shall any person in charge of such hospital, school, agency, or facility, or the designated delegate thereof, to whom such notification has been made exercise any control, restraint, modification, or make other change to the information provided

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by the reporter, although each of the aforementioned persons may be consulted prior to the making of a report and may provide any additional, relevant, and necessary information when making the report." "(g) Suspected child abuse which is required to be reported by any person pursuant to this Code section shall be reported notwithstanding that the reasonable cause to believe such abuse has occurred or is occurring is based in whole or in part upon any communication to that person which is otherwise made privileged or confidential by law; provided, however, that a member of the clergy shall not be required to report child abuse reported solely within the context of confession or other similar communication required to be kept confidential under church doctrine or practice. When a clergy member receives information about child abuse from any other source, the clergy member shall comply with the reporting requirements of this Code section, even though the clergy member may have also received a report of child abuse from the confession of the perpetrator."
PART VI RESTRICTING RECORDS
SECTION 6-1.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by revising paragraph (1) of subsection (a) of Code Section 353-34, relating to disclosure and dissemination of criminal records to private persons and businesses, by deleting "and" at the end of subparagraph (B), by replacing "or" with "and" at the end of subparagraph (C), and by adding a new subparagraph to read as follows:
"(D) The center shall not provide records of arrests, charges, or dispositions when access has been restricted pursuant to Code Section 35-3-37; or"
SECTION 6-2. Said title is further amended by repealing Code Section 35-3-37, relating to inspection, purging, modifying, or supplementing of criminal records, and enacting a new Code Section 35-3-37 to read as follows:
"35-3-37. (a) As used in this Code section, the term:
(1) 'Drug court treatment program' means a treatment program operated by a drug court division in accordance with the provisions of Code Section 15-1-15. (2) 'Entity' means the arresting law enforcement agency, including county and municipal jails and detention centers. (3) 'Mental health treatment program' means a treatment program operated by a mental health court division in accordance with the provisions of Code Section 15-116. (4) 'Nonserious traffic offense' means any offense in violation of Title 40 which is not prohibited by Article 15 of Chapter 6 of Title 40 and any similar such offense under

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the laws of a state which would not be considered a serious traffic offense under the laws of this state if committed in this state. (5) 'Prosecuting attorney' means the Attorney General, a district attorney, or the solicitor-general who had jurisdiction where the criminal history record information is sought to be modified, corrected, supplemented, amended, or restricted. If the offense was a violation of a criminal law of this state which, by general law, may be tried by a municipal, magistrate, probate, or other court that is not a court of record, the term 'prosecuting attorney' shall include the prosecuting officer of such court or, in the absence of such prosecuting attorney, the district attorney of the judicial circuit in which such court is located. (6) 'Restrict,' 'restricted,' or 'restriction' means that the criminal history record information of an individual relating to a particular charge shall be available only to judicial officials and criminal justice agencies for law enforcement or criminal investigative purposes or to criminal justice agencies for purposes of employment in accordance with procedures established by the center and shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34. (7) 'Serious violent felony' shall have the same meaning as set forth in Code Section 17-10-6.1. (8) 'State' includes any state, the United States or any district, commonwealth, territory, or insular possession of the United States, and the Trust Territory of the Pacific Islands. (9) 'Youthful offender' means any offender who was less than 21 years of age at the time of his or her conviction. (b) Nothing in this article shall be construed so as to authorize any person, agency, corporation, or other legal entity of this state to invade the privacy of any citizen as defined by the General Assembly or as defined by the courts other than to the extent provided in this article. (c) The center shall make an individual's criminal history record information available for review by such individual or his or her designee upon written application to the center. (d) If an individual believes his or her criminal history record information to be inaccurate, incomplete, or misleading, he or she may request a criminal history record information inspection at the center. The center at which criminal history record information is sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures or restrictions, including fingerprinting, as are reasonably necessary to assure the security of the criminal history record information, to verify the identities of those who seek to inspect such information, and to maintain an orderly and efficient mechanism for inspection of criminal history record information. The fee for inspection of criminal history record information shall not exceed $15.00, which shall not include the cost of the fingerprinting.

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(e) If the criminal history record information is believed to be inaccurate, incomplete, or misleading, the individual may request that the entity having custody or control of the challenged information modify, correct, supplement, or amend the information and notify the center of such changes within 60 days of such request. In the case of county and municipal jails and detention centers, such notice to the center shall not be required. If the entity declines to act within 60 days of such request or if the individual believes the entity's decision to be unsatisfactory, within 30 days of the end of the 60 day period or of the issuance of the unsatisfactory decision, whichever occurs last, the individual shall have the right to appeal to the court with original jurisdiction of the criminal charges in the county where the entity is located. (f) An appeal pursuant to subsection (e) of this Code section shall be to acquire an order from the court with original jurisdiction of the criminal charges that the subject information be modified, corrected, supplemented, or amended by the entity with custody of such information. Notice of the appeal shall be provided to the entity and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient service on the entity having custody or control of the disputed criminal history record information. The court shall conduct a de novo review and, if requested by a party, the proceedings shall be recorded.
(g)(1) Should the court find by a preponderance of the evidence that the criminal history record information in question is inaccurate, incomplete, or misleading, the court shall order such information to be appropriately modified, corrected, supplemented, or amended as the court deems appropriate. Any entity with custody, possession, or control of any such criminal history record information shall cause each and every copy thereof in its custody, possession, or control to be altered in accordance with the court's order within 60 days of the entry of the order. (2) To the extent that it is known by the requesting individual that an entity has previously disseminated inaccurate, incomplete, or misleading criminal history record information, he or she shall, by written request, provide to the entity the name of the individual, agency, or company to which such information was disseminated. Within 60 days of the written request, the entity shall disseminate the modification, correction, supplement, or amendment to the individual's criminal history record information to such individual, agency, or company to which the information in question has been previously communicated, as well as to the individual whose information has been ordered so altered. (h) Access to an individual's criminal history record information, including any fingerprints or photographs of the individual taken in conjunction with the arrest, shall be restricted by the center for the following types of dispositions: (1) Prior to indictment, accusation, or other charging instrument:
(A) The case was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and:
(i) The offense against such individual is closed by the arresting law enforcement agency. It shall be the duty of the head of the arresting law enforcement agency to notify the center whenever a record is to be restricted pursuant to this division. A

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copy of the notice shall be sent to the accused and the accused's attorney, if any, by mailing the same by first-class mail; or (ii) The center does not receive notice from the arresting law enforcement agency that the offense has been referred to the prosecuting attorney or transferred to another law enforcement or prosecutorial agency of this state, any other state or a foreign nation, or any political subdivision thereof for prosecution and the following period of time has elapsed from the date of the arrest of such individual:
(I) If the offense is a misdemeanor or a misdemeanor of a high and aggravated nature, two years; (II) If the offense is a felony, other than a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, four years; or (III) If the offense is a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, seven years. If the center receives notice of the filing of an indictment subsequent to the restriction of a record pursuant to this division, the center shall make such record available in accordance with Code Section 35-3-34. (B) The case was referred to the prosecuting attorney but was later dismissed; or (C) The grand jury returned two no bills; and (2) After indictment or accusation: (A) Except as provided in subsection (i) of this Code section, all charges were dismissed or nolle prossed; (B) The individual pleaded guilty to or was found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug and was sentenced in accordance with the provisions of Code Section 16-13-2, and the individual successfully completed the terms and conditions of his or her probation; (C) The individual successfully completed a drug court treatment program or mental health treatment program, the individual's case has been dismissed or nolle prossed, and he or she has not been arrested for at least five years, excluding any arrest for a nonserious traffic offense; or (D) The individual was acquitted of all of the charges by a judge or jury unless, within ten days of the verdict, the prosecuting attorney demonstrates to the trial court through clear and convincing evidence that the harm otherwise resulting to the individual is clearly outweighed by the public interest in the criminal history record information being publicly available because either: (i) The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine; or (ii) The individual has been formally charged with the same or similar offense within the previous five years. (i) After the filing of an indictment or accusation, an individual's criminal history record information shall not be restricted if: (1) The charges were nolle prossed or otherwise dismissed because:

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(A) Of a plea agreement resulting in a conviction of the individual for an offense arising out of the same underlying transaction or occurrence as the conviction; (B) The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine; (C) The conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court of the state or a foreign nation; or (D) The individual had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution; (2) The charges were tried and some but not all of the charges resulted in an acquittal; or (3) The individual was acquitted of all charges but it is later determined that the acquittal was the result of jury tampering or judicial misconduct. (j)(1) When an individual had felony charges dismissed or nolle prossed or was found not guilty of felony charges but was convicted of a misdemeanor offense or offenses arising out of the same underlying transaction or occurrence, such individual may petition the superior court in the county where the arrest occurred to restrict access to criminal history record information for such felony charges within four years of the arrest. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the arresting law enforcement agency and the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if the court determines the charges in question did not arise out of the same underlying transaction or occurrence. (2) When an individual was convicted of an offense and was sentenced to punishment other than the death penalty, but such conviction was vacated by the trial court or reversed by an appellate court or other post-conviction court, the decision of which has become final by the completion of the appellate process, and the prosecuting attorney has not retried the case within two years of the date the order vacating or reversing the conviction became final, such individual may petition the superior court in the county where the conviction occurred to restrict access to criminal history record information for such offense. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the reason the judgment was reversed or vacated, the reason the prosecuting attorney has not retried the case, and the public's interest in the criminal history record information being publicly available. (3) When an individual's case has remained on the dead docket for more than 12 months, such individual may petition the superior court in the county where the case

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is pending to restrict access to criminal history record information for such offense. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the reason the case was placed on the dead docket; provided, however, that the court shall not grant such motion if an active warrant is pending for such individual
(4)(A) When an individual was convicted in this state of a misdemeanor or a series of misdemeanors arising from a single incident, and at the time of such conviction such individual was a youthful offender, provided that such individual successfully completed the terms of his or her sentence and, since completing the terms of his or her sentence, has not been arrested for at least five years, excluding any arrest for a nonserious traffic offense, and provided, further, that he or she was not convicted in this state of a misdemeanor violation or under any other state's law with similar provisions of one or more of the offenses listed in subparagraph (B) of this paragraph, he or she may petition the superior court in the county where the conviction occurred to restrict access to criminal history record information. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the individual's conduct and the public's interest in the criminal history record information being publicly available. (B) Record restriction shall not be appropriate if the individual was convicted of:
(i) Child molestation in violation of Code Section 16-6-4; (ii) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (iii) Sexual assault by persons with supervisory or disciplinary authority in violation of Code Section 16-6-5.1; (iv) Keeping a place of prostitution in violation of Code Section 16-6-10; (v) Pimping in violation of Code Section 16-6-11; (vi) Pandering by compulsion in violation of Code Section 16-6-14; (vii) Masturbation for hire in violation of Code Section 16-6-16; (viii) Giving massages in a place used for lewdness, prostitution, assignation, or masturbation for hire in violation of Code Section 16-6-17; (ix) Sexual battery in violation of Code Section 16-6-22.1; (x) Any offense related to minors generally in violation of Part 2 of Article 3 of Chapter 12 of Title 16; (xi) Theft in violation of Chapter 8 of Title 16; provided, however, that such prohibition shall not apply to a misdemeanor conviction of shoplifting in violation of Code Section 16-8-14; or (xii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.

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(5) Any party may file an appeal of an order entered pursuant to this subsection as provided in Code Section 5-6-34. (k)(1) The center shall notify the arresting law enforcement agency of any criminal history record information, access to which has been restricted pursuant to this Code section, within 30 days of the date access to such information is restricted. Upon receipt of notice from the center that access to criminal history record information has been restricted, the arresting law enforcement agency or other law enforcement agency shall, within 30 days, restrict access to all such information maintained by such arresting law enforcement agency or other law enforcement agency for such individual's charge. (2) An individual who has had criminal history record information restricted pursuant to this Code section may submit a written request to the appropriate county or municipal jail or detention center to have all records for such individual's charge maintained by the appropriate county or municipal jail or detention center restricted. Within 30 days of such request, the appropriate county or municipal jail or detention center shall restrict access to all such criminal history record information maintained by such appropriate county or municipal jail or detention center for such individual's charge. (3) The center shall be authorized to unrestrict criminal history record information based on the receipt of a disposition report showing that the individual was convicted of an offense arising out of an arrest of which the information was restricted pursuant to this Code section. (l) If criminal history record information is restricted pursuant to this Code section and if the entity declines to restrict access to such information, the individual may file a civil action in the superior court where the entity is located. A copy of the civil action shall be served on the entity and prosecuting attorney for the jurisdiction where the civil action is filed, and they may become parties to the action. A decision of the entity shall be upheld only if it is determined by clear and convincing evidence that the individual did not meet the criteria set forth in subsection (h) or (j) of this Code section. (m)(1) For criminal history record information maintained by the clerk of court, an individual who has a record restricted pursuant to this Code section may petition the court with original jurisdiction over the charges in the county where the clerk of court is located for an order to seal all criminal history record information maintained by the clerk of court for such individual's charge. Notice of such petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient notice. (2) The court shall order all criminal history record information in the custody of the clerk of court, including within any index, to be restricted and unavailable to the public if the court finds by a preponderance of the evidence that:
(A) The criminal history record information has been restricted pursuant to this Code section; and

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(B) The harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available. (3) Within 60 days of the court's order, the clerk of court shall cause every document, physical or electronic, in its custody, possession, or control to be restricted. (4) The person who is the subject of such sealed criminal history record information may petition the court for inspection of the criminal history record information included in the court order. Such information shall always be available for inspection, copying, and use by criminal justice agencies and the Judicial Qualifications Commission. (n)(1) As to arrests occurring before July 1, 2013, an individual may, in writing, request the arresting law enforcement agency to restrict the criminal history record information of an arrest, including any fingerprints or photographs taken in conjunction with such arrest. Reasonable fees shall be charged by the arresting law enforcement agency and the center for the actual costs of restricting such records, provided that such fee shall not exceed $50.00. (2) Within 30 days of receipt of such written request, the arresting law enforcement agency shall provide a copy of the request to the prosecuting attorney. Within 90 days of receiving the request, the prosecuting attorney shall review the request to determine if he or she agrees to record restriction, and the prosecuting attorney shall notify the arresting law enforcement agency of his or her decision within such 90 day period. The arresting law enforcement agency shall inform the individual of the prosecuting attorney's decision, and, if record restriction is approved by the prosecuting attorney, the arresting law enforcement agency shall restrict the criminal history record information within 30 days of receipt of the prosecuting attorney's decision. (3) If a prosecuting attorney declines an individual's request to restrict access to criminal history record information, such individual may file a civil action in the superior court where the entity is located. A copy of the civil action shall be served on the entity and prosecuting attorney for the jurisdiction where the civil action is filed, and they may become parties to the action. A decision of the prosecuting attorney shall not be upheld if it is determined by clear and convincing evidence that the harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available. (4) To restrict criminal history record information at the center, an individual shall submit a prosecuting attorney's approved record restriction request or a court order issued pursuant to paragraph (3) of this subsection to the center. The center shall restrict access to such criminal history record information within 30 days from receiving such information. (o) Nothing in this Code section shall give rise to any right which may be asserted as a defense to a criminal prosecution or serve as the basis for any motion that may be filed in any criminal proceeding. The modification, correction, supplementation,

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amendment, or restriction of criminal history record information shall not abate or serve as the basis for the reversal of any criminal conviction. (p) Any application to the center for access to or restriction of criminal history record information made pursuant to this Code section shall be made in writing on a form approved by the center. The center shall be authorized to develop and publish such procedures as may be necessary to carry out the provisions of this Code section. In adopting such procedures and forms, the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall not apply. (q) It shall be the duty of the entity to take such action as may be reasonable to prevent disclosure of information to the public which would identify any individual whose criminal history record information is restricted pursuant to this Code section. (r) If the center has notified a firearms dealer that an individual is prohibited from purchasing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such individual being involuntarily hospitalized within the immediately preceding five years, upon such individual or his or her attorney making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the individual or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such individual's eligibility to possess or transport a handgun."
PART VII PENAL INSTITUTIONS
SECTION 7-1.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-1-1, relating to giving information to or receiving money from an inmate in a penal institution, as follows:
"42-1-1. Except as specifically provided otherwise, as used in this title, the term:
(1) 'Active supervision' means the period of a probated sentence in which a probationer actively reports to his or her probation supervisor or is otherwise under the direct supervision of a probation supervisor. (2) 'Administrative supervision' means the period of probation supervision that has reduced supervision and reporting requirements commensurate with and that follows active supervision but that is prior to the termination of a sentence. (3) 'Board' means the Board of Corrections. (4) 'Case plan' means an individualized accountability and behavior change strategy for a probationer, as applicable. (5) 'Commissioner' means the commissioner of corrections. (6) 'Criminal risk factors' means characteristics and behaviors that affect a person's risk for committing future crimes and include, but are not limited to, antisocial behavior, antisocial personality, criminal thinking, criminal associates, having a

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dysfunctional family, having low levels of employment or education, poor use of leisure and recreation time, and substance abuse. (7) 'Department' means the Department of Corrections. (8) 'Graduated sanctions' means:
(A) Verbal and written warnings; (B) Increased restrictions and reporting requirements; (C) Community service or work crews; (D) Referral to substance abuse or mental health treatment or counseling programs in the community; (E) Increased substance abuse screening and monitoring; (F) Electronic monitoring, as such term is defined in Code Section 42-8-151; and (G) An intensive supervision program. (9) 'Risk and needs assessment' means an actuarial tool, approved by the board and validated on a targeted population, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior. (a) No employee of a penal institution may give advice to an inmate regarding the name or the employment of an attorney at law in any case where the inmate is confined in a penal institution or receive any sum of money paid as fees or otherwise to attorneys at law in a criminal case or cases against any inmate with which they may be connected in any capacity. (b) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 7-2. Said title is further amended by adding a new Code section to read as follows:
"42-1-11.2. (a) No employee of a penal institution shall give advice to an inmate regarding the name or the employment of an attorney at law in any case where the inmate is confined in a penal institution or receive any sum of money paid as fees or otherwise to attorneys at law in a criminal case or cases against any inmate with which they may be connected in any capacity. (b) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 7-3. Said title is further amended by revising Code Section 42-2-1, relating to definitions, as follows:
"42-2-1. As used in this chapter, the term:
(1) 'Board' means the Board of Corrections. (2) 'Commissioner' means the commissioner of corrections. (3) 'Department' means There is created the Department of Corrections."

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SECTION 7-4. Said title is further amended by revising subsection (c) of Code Section 42-2-11, relating to the powers and duties of the Board of Corrections, as follows:
"(c)(1) The board shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, discipline, rehabilitation, training, and hospitalization of all inmates coming under its custody.
(2)(A) As used in this paragraph, the term: (i) 'Evidence based practices' means supervision policies, procedures, programs, and practices that scientific research demonstrates reduce recidivism among individuals who are under some form of correctional supervision. (ii) 'Recidivism' means returning to prison or jail within three years of being placed on probation or being discharged or released from a department or jail facility.
(B) The board shall adopt rules and regulations governing the management and treatment of inmates and probationers to ensure that evidence based practices, including the use of a risk and needs assessment and any other method the board deems appropriate, guide decisions related to preparing inmates for release into the community and managing probationers in the community. The board shall require the department to collect and analyze data and performance outcomes relevant to the level and type of treatment given to an inmate or probationer and the outcome of the treatment on his or her recidivism and prepare an annual report regarding such information which shall be submitted to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on State Institutions and Property and the Senate State Institutions and Property Committee."
SECTION 7-5. Said title is further amended by revising subsection (a) of Code Section 42-5-50, relating to the transmittal of information on convicted persons, as follows:
"(a) The clerk of the court shall notify the commissioner of a sentence within 30 working days following the receipt of the sentence and send other documents set forth in this Code section. Such notice shall be mailed within such time period by first-class mail and shall be accompanied by two complete and certified sentence packages containing submitted electronically and shall contain the following documents:
(1) A certified copy of the sentence; (2) A complete history of the convicted person, including a certified copy of the indictment, accusation, or both and such other information as the commissioner may require; (3) An affidavit of the custodian of such person indicating the total number of days the convicted person was incarcerated prior to the imposition of the sentence. It shall be the duty of the custodian of such person to transmit the affidavit provided for in this paragraph to the clerk of the superior court within ten days following the date on which the sentence is imposed;

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(4) Order of probation revocation or tolling of probation; and (5) A copy of the sentencing information report is required in all jurisdictions with an options system day reporting center certified by the Department of Corrections department. The failure to provide the sentencing information report shall not cause an increase in the 15 day time period for the department to assign the inmate to a correctional institution as set forth in subsection (b) of this Code Section. All of the aforementioned documents will shall be submitted on forms provided by the commissioner. The commissioner shall file one copy of each such document with the State Board of Pardons and Paroles within 30 working days of receipt of such documents from the clerk of the court. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service."
SECTION 7-6. Said title is further amended by revising Code Section 42-8-21, relating to definitions for the state-wide probation system, as follows:
"42-8-21. As used in this article, the term:
(1) 'Board' means the Board of Corrections. (2) 'Commissioner' means the commissioner of corrections. (3) 'Department' means the Department of Corrections Reserved."
SECTION 7-7. Said title is further amended by revising Code Section 42-8-23, relating to the administration of supervision of probationers by the Department of Corrections, as follows:
"42-8-23. (a) As used in this Code section, the term 'chief probation officer' means the highest ranking field probation officer in each judicial circuit who does not have direct supervision of the probationer who is the subject of the hearing. (b) The department shall administer the supervision of felony probationers. (c) If graduated sanctions have been made a condition of probation by the court and if a probationer violates the conditions of his or her probation, other than for the commission of a new offense, the department may impose graduated sanctions as an alternative to judicial modification or revocation of probation, provided that such graduated sanctions are approved by a chief probation officer. (d) The failure of a probationer to comply with the graduated sanction or sanctions imposed by the department shall constitute a violation of probation. (e) A probationer may at any time voluntarily accept the graduated sanctions proposed by the department.
(f)(1) The department's decision shall be final unless the probationer files an appeal in the sentencing court. Such appeal shall be filed within 30 days of the issuance of the decision by the department.

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(2) Such appeal shall first be reviewed by the judge upon the record. At the judge's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the department's decision. (3) When the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, the department's decision shall be affirmed by operation of law. (g) Nothing contained in this Code section shall alter the relationship between judges and probation supervisors prescribed in this article nor be construed as repealing any power given to any court of this state to place offenders on probation or to supervise offenders."
SECTION 7-8. Said title is further amended by revising Code Section 42-8-35, relating to terms and conditions of probation, as follows:
"42-8-35. (a) The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor as directed; (4) Permit the supervisor to visit the probationer at the probationer's home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; provided, however, that the court shall not banish a probationer to any area within the state:
(A) That does not consist of at least one entire judicial circuit as described by Code Section 15-6-1; or (B) In which any service or program in which the probationer must participate as a condition of probation is not available; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated; (9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71; (10) Support the probationer's legal dependents to the best of the probationer's ability;

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(11) Violate no local, state, or federal laws and be of general good behavior; (12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state; and (13) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the department; (14) Wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning satellite systems. The department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; (15) Complete a residential or nonresidential program for substance abuse or mental health treatment as indicated by a risk and needs assessment; and (16) Agree to the imposition of graduated sanctions when, in the discretion of the probation supervisor, the probationer's behavior warrants a graduated sanction. (b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as those terms are defined in Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victim's school, place of employment, place of residence, or other specified place at times when a victim is present or from loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in Code Section 42-1-12; (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. The department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; (3)(2) Required, either in person or through remote monitoring, to allow viewing and recording of the probationer's incoming and outgoing e-mail, history of websites visited and content accessed, and other Internet based communication; (4)(3) Required to have periodic unannounced inspections of the contents of the probationer's computer or any other device with Internet access, including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium; and (5)(4) Prohibited from seeking election to a local board of education. (c) The supervision provided for under subsection (b) of this Code section shall be conducted by a probation officer, law enforcement officer, or computer information technology specialist working under the supervision of a probation officer or law enforcement agency."
SECTION 7-9. Said title is further amended by revising subsection (a) of Code Section 42-8-35.4, relating to confinement in probation detention centers, as follows:

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"(a) In addition to any other terms and conditions of probation provided for in this article, the trial judge may require that a defendant convicted of a felony and sentenced to a period of not less than one year on probation or a defendant who has been previously sentenced to probation for a forcible misdemeanor as defined in paragraph (7) of Code Section 16-1-3 or a misdemeanor of a high and aggravated nature and has violated probation or other probation alternatives and is subsequently sentenced to a period of not less than one year on probation shall complete satisfactorily, as a condition of that probation, a program of confinement, not to exceed 180 days, in a probation detention center. Probationers so sentenced will shall be required to serve the period of confinement, not to exceed 180 days, specified in the court order."
SECTION 7-10. Said title is further amended by revising Code Section 42-8-37, relating to the effect of termination of the period of probation, as follows:
"42-8-37. (a) Upon the termination of the period of probation probated portion of a sentence, the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed; provided, however, that the foregoing shall not be construed to prohibit the conviction and sentencing of the probationer for the subsequent commission of the same or a similar offense or for the subsequent continuation of the offense for which he or she was previously sentenced. (b) The court may at any time cause the probationer to appear before it to be admonished or commended and, when satisfied that its action would be for the best interests of justice and the welfare of society, may discharge the probationer from further supervision. (b)(c) The Upon the request of the chief judge of the court from which said person was sentenced, the case of each person receiving a probated sentence of more than two years shall be reviewed by the probation supervisor responsible for that case after service of two years on probation, and a written report of the probationer's progress shall be submitted to the sentencing court along with the supervisor's recommendation as to early termination. Upon the request of the chief judge of the court from which said person was sentenced, each Each such case shall be reviewed and a written report submitted annually thereafter, or more often if required, until the termination, expiration, or other disposition of the case."
SECTION 7-11. Said title is further amended by revising subsection (a) of Code Section 42-8-38, relating to the arrest of the probationer for a violation of the terms of probation, as follows:
"(a) Whenever, within the period of probation, a probation supervisor believes that a probationer under his or her supervision has violated his or her probation in a material respect, he if graduated sanctions have been made a condition of probation by the court, the probation supervisor may impose graduated sanctions as set forth in Code Section 42-8-23 to address the specific conduct leading to such violation or, if the

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circumstances warrant, may arrest the probationer without warrant, wherever found, and return him the probationer to the court granting the probation or, if under supervision in a county or judicial circuit other than that of conviction, to a court of equivalent original criminal jurisdiction within the county wherein the probationer resides for purposes of supervision. Any officer authorized by law to issue warrants may issue a warrant for the arrest of the probationer upon the affidavit of one having knowledge of the alleged violation, returnable forthwith before the court in which revocation proceedings are being brought."
PART VIII CROSS-REFERENCES
SECTION 8-1.
Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended in subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, by deleting "and" at the end of paragraph (10), by replacing the period with "; and" at the end of paragraph (11), and by adding a new paragraph to read as follows:
"(12) All judgments or orders entered pursuant to Code Section 35-3-37."
SECTION 8-2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-10-260, relating to jurisdiction for magistrate courts, as follows:
"15-10-260. (a) This article governs trials of misdemeanor violations of Code Sections 16-13-30 and 16-13-2, relating to possession of less than one ounce of marijuana; Code Section 16-8-14, relating to misdemeanor theft by shoplifting of $300.00 or less; Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; and Code Section 16-7-21, relating to criminal trespass. (b) Magistrate courts are authorized to conduct trials and impose sentences for violations of misdemeanors specified in subsection (a) of this Code section; provided, however, that the violation must have occurred in the unincorporated area of the county. (c) A person convicted of violation of a misdemeanor specified in subsection (a) of this Code section shall be punished as provided in paragraphs (1) through (4) of this subsection as follows:
(1) For possession of less than one ounce of marijuana, as provided in subsection (b) of Code Section 16-13-2; (2) For misdemeanor theft by shoplifting, as provided in paragraph (1) of subsection (b) of Code Section 16-8-14;

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(3) For furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, as provided in Code Section 3-3-23.1; and (4) For criminal trespass, as provided in subsection (d) of Code Section 16-7-21. (d) The jurisdiction of magistrate courts to try and dispose of the misdemeanor violations enumerated in subsection (a) of this Code section shall be concurrent with the jurisdiction of any other courts having jurisdiction to try and dispose of such cases."
SECTION 8-3. Said title is further amended by revising subsection (a) of Code Section 15-11-30.3, relating to commission of designated felony act of burglary by a child 15 years of age or older, as follows:
"(a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary in any degree if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of burglary in any degree if done by an adult on three or more previous occasions."
SECTION 8-4. Said title is further amended by revising subsection (e) of Code Section 15-11-83, relating to when a child may be fingerprinted or photographed and confidentiality of information, as follows:
"(e) Upon application of the child, fingerprints and photographs of a child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-30.4 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 pursuant to this subsection, and the Georgia Bureau of Investigation shall treat such records in the same manner as expunged records criminal history record information restricted pursuant to subsection (c) of Code Section 35-3-37."
SECTION 8-5 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (e) of Code Section 16-11-131, relating to possession of firearms by convicted felons and first offender probationers, as follows:
"(e) As used in this Code section, the term 'forcible felony' means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; felony murder; burglary in any degree; robbery; armed robbery; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the

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first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection."
SECTION 8-6. Said title is further amended by revising division (9)(A)(viii) of Code Section 16-14-3, relating to definitions for the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," as follows:
"(viii) Code Section 16-9-1, relating to forgery in the first any degree;"
SECTION 8-7. Said title is further amended by revising Code Section 16-16-1, relating to definitions regarding forfeiture of property used in burglary or armed robbery, as follows:
"16-16-1. As used in this chapter, the term:
(1) 'Armed robbery' means the offense defined in subsection (a) of Code Section 168-41. (2) 'Burglary' means the offense defined in subsection (a) of Code Section 16-7-1 in any degree."
SECTION 8-8. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising paragraph (11) of subsection (a) of Code Section 17-6-1, relating to where offenses bailable, procedure, schedule of bails, and appeal bonds, as follows:
"(11) Kidnapping, arson, aggravated assault, or burglary in any degree if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary in any degree, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary in any degree, or one or more of the offenses listed in paragraphs (1) through (10) of this subsection;"
SECTION 8-9. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases, as follows:
"(1) In felony cases involving violations of the following: (A) Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-2, 16-9-20, 16-9-31, 169-33, 16-9-37, 16-10-52, and 40-5-58; (B) Article 1 of Chapter 8 of Title 16, relating to theft; (C) Chapter 9 of Title 16, relating to forgery and fraudulent practices; (D) Article 3 of Chapter 10 of Title 16, relating to escape and other offenses related to confinement; or (E) Code Section 16-11-131, relating to possession of a firearm by a convicted felon or first offender probationer,

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in which defendants have either been bound over to the superior court based on a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter or have expressly or by operation of law waived a commitment hearing, the district attorney shall have authority to prefer accusations, and the defendants shall be tried on such accusations according to the same rules of substantive and procedural laws relating to defendants who have been indicted by a grand jury."
SECTION 8-10. Said title is further amended by revising paragraph (10) of subsection (a) of Code Section 17-10-9.1, relating to voluntary surrender to county jail or correctional institution, as follows:
"(10) Kidnapping, arson, or burglary in any degree if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary in any degree, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection;"
SECTION 8-11. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 17-10-30, relating to procedure for imposition of the death penalty generally, as follows:
"(2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary in any degree or arson in the first degree;"
SECTION 8-12. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising subparagraph (G) of paragraph (2) of Code Section 31-7-250, relating to definitions for personal care home licensing and employee record checks, as follows:
"(G) A felony violation of Code Section 16-9-1 or 16-9-2, relating to forgery in the first and second degree, respectively;"
SECTION 8-13. Said title is further amended by revising subparagraph (K) of paragraph (2) of Code Section 31-7-350, relating to definitions for nursing home employee record checks, as follows:
"(K) A felony violation of Code Section 16-9-1, relating to forgery in the first degree; a violation of Code Section 16-9-2, relating to forgery in the second degree;"

THURSDAY, MARCH 22, 2012

4679

SECTION 8-14. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-32-9, relating to the jurisdiction of shoplifting of $300.00 in municipal courts, as follows:
"36-32-9. (a) The municipal court is granted jurisdiction to try and dispose of cases in which a person is charged with a first, second, or third offense of misdemeanor theft by shoplifting when the property which was the subject of the theft was valued at $300.00 or less, if the offense occurred within the corporate limits of the municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any defendant person charged in a municipal court with a first, second, or third offense of misdemeanor theft by shoplifting property valued at $300.00 or less shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred. (c) A person convicted in a municipal court of a first, second, or third offense of misdemeanor theft by shoplifting property valued at $300.00 or less shall be punished as provided in paragraph (1) of subsection (b) of Code Section 16-8-14, provided that nothing in this Code section or Code Section 16-8-14 shall be construed to give any municipality the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter. (d) Any fines and forfeitures arising from the prosecution of such cases in such municipal court shall be retained by the municipality and shall be paid into the treasury of such municipality. (e) It shall be the duty of the appropriate agencies of the municipality in which an offense under subsection (a) of this Code section is charged to make any reports to the Georgia Crime Information Center required under Article 2 of Chapter 3 of Title 35."
SECTION 8-15. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising paragraph (2) of subsection (a) of Code Section 42-5-85, relating to delegation of authority to issue limited leave privileges, as follows:
"(2) The murder was committed while the offender was engaged in the commission of another capital felony, aggravated battery, burglary in any degree, or arson in the first degree;"
PART IX EFFECTIVE DATE, APPLICABILITY, AND REPEALER
SECTION 9-1.
(a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at

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the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.
(b)(1) Section 3-7B of this Act shall become effective on July 1, 2013, at which time, Section 3-7A of this Act shall be superceded and repealed in its entirety, and Section 3-7B of this Act shall apply to offenses which occur on or after July 1, 2013. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act. (2) Section 3-7C of this Act shall become effective on July 1, 2014, at which time, Section 3-7B of this Act shall be superceded and repealed in its entirety, and Section 3-7C of this Act shall apply to offenses which occur on or after July 1, 2014. Any offense occurring before July 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act. (c) Part VI and Sections 8-1 and 8-4 of this Act shall become fully effective on July 1, 2013; provided, however, that for the purpose of preparing for implementation of Part VI of this Act, said part shall become effective on July 1, 2012.

SECTION 9-2. 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 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

Y Heckstall Y Hembree Y 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 E James Y Jasperse

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal, J Y Neal, Y Y Nimmer E Nix Y Oliver Y O'Neal E Pak

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

THURSDAY, MARCH 22, 2012

4681

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 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

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

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 Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas 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 1.

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

Representative Sims of the 119th was excused on the preceding roll call. She 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.

Representative Golick of the 34th asked unanimous consent that HB 1176 be immediately transmitted to the Senate.

It was so ordered.

By unanimous consent, the following Bill of the Senate, having been previously postponed, was again postponed until the next legislative day:

SB 492. By Senator Mullis of the 53rd:

A BILL to be entitled an Act to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to require that state contract awards for heavy equipment follow certain specific procedures; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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By unanimous consent, the following Bill of the Senate was postponed until the next legislative day:
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.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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.
The following Committee substitute was read and adopted:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, is amended by revising Code Section 36-32-11, relating to required training for judges, as follows:

THURSDAY, MARCH 22, 2012

4683

"36-32-11. (a) All judges of the municipal courts, and all judges of courts exercising municipal court jurisdiction, shall periodically satisfactorily complete a training course as provided in Article 2 of this chapter. (b) The Georgia Municipal Courts Training Council shall keep records of training completed by municipal judges and judges of courts exercising municipal court jurisdiction. (c) If any municipal judge, or any judge of a court exercising municipal court jurisdiction, does not satisfactorily complete the required training in any year, the Georgia Municipal Courts Training Council shall promptly notify the Judicial Qualifications Commission, which shall may remove the municipal judge from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the municipal judge. (d) The reasonable costs and expenses of such training shall be paid by the governing authority of the municipality from municipal funds jurisdiction where the judge presides. (e) This Code section shall not apply to any magistrate judge, probate judge, or any judge of a court of record who presides in a court exercising municipal court jurisdiction."
SECTION 2. Said chapter is further amended by revising Code Section 36-32-27, relating to mandatory training of municipal court judges, as follows:
"36-32-27. (a) Any person who becomes a municipal judge on or after January 1, 1991, shall satisfactorily complete 20 hours of training in the performance of his or her duties, prior to December 31, 1991, and shall attend the first scheduled training session held within one year after the date of his or her election or appointment in order to become certified under this article. Any person serving as a municipal judge prior to January 1, 1991, shall be exempt from completing these 20 hours of training. (b) Except as provided in subsection (d) of this Code section, any person who becomes a judge of a court exercising municipal court jurisdiction on or after July 1, 2012, who is not subject to subsection (a) of this Code section, shall satisfactorily complete 20 hours of training in the performance of his or her duties within one year after the date of his or her election or appointment in order to become certified under this article. Any person serving as a judge of a court exercising municipal court jurisdiction prior to July 1, 2012, who is not subject to subsection (a) of this Code section, shall be exempt from completing these 20 hours of training. (b)(c) Except as provided in subsection (d) of this Code section, in In order to maintain the status of a certified municipal judge or a certified judge of a court exercising municipal court jurisdiction, each person certified as such he or she shall complete 12 hours of additional training per annum during each calendar year after the year of his or

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her initial certification in which he or she serves as municipal judge or as judge of a court exercising municipal court jurisdiction. (d) This Code section shall not apply to any magistrate judge, probate judge, or any judge of a court of record who presides in a court exercising municipal court jurisdiction."

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

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

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

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

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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S E Jordan
Kaiser Y Kendrick Y Kidd Y Kirby 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
Mosby E Murphy Y Neal, J Y Neal, Y Y Nimmer E Nix Y Oliver Y O'Neal E 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 E Sims, B Y Sims, C
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 E Taylor, R Y Taylor, T Y Teasley Y Thomas 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

THURSDAY, MARCH 22, 2012

4685

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Kaiser of the 59th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 284 Do Pass, by Substitute SB 332 Do Pass, by Substitute
Respectfully submitted, /s/ Channell of the 116th
Chairman
The Speaker Pro Tem assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 489. By Senators Mullis of the 53rd, Unterman of the 45th, Albers of the 56th, Rogers of the 21st, Gooch of the 51st and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to require the Georgia Trauma Care Network Commission to report annually to the House and Senate Committees on Health and Human Services documenting certain outcomes and verifying certain expenditures of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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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 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 Y 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 Y Henson Y Hightower
Hill Y Holcomb Y Holmes Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S E Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby 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 E Murphy Y Neal, J Y Neal, Y Y Nimmer E Nix Y Oliver
O'Neal E 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 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 E Taylor, R Y Taylor, T Y Teasley Y Thomas 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 162, nays 0.

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

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.

THURSDAY, MARCH 22, 2012

4687

The report of the Committee, which was favorable to the 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
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
Ehrhart Y England Y Epps, C Y Epps, J Y 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 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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S E Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long Y 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 Y Mosby E Murphy Y Neal, J Y Neal, Y Y Nimmer E Nix Y Oliver
O'Neal E 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

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 E Taylor, R Y Taylor, T Y Teasley Y Thomas 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 158, nays 0.

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

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

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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.
The following Committee substitute was read:
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 authorize district attorneys and solicitors-general to bring actions to enforce Code Section 40-6-163, relating to vehicles overtaking school buses; to provide for an acting solicitor-general of a state court in the event of the death or resignation of a solicitor-general; to provide for prosecuting attorneys in municipal courts, and courts exercising municipal court jurisdiction; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of staff; to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide for jurisdiction in transactions in drug objects in violation of Code Section 16-13-32; to provide for disposition of fines and the transfer of cases; 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 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is amended by revising paragraph (5) of Code Section 15-18-6, relating to the duties of district attorneys, as follows:
"(5) To prosecute civil actions to enforce any civil penalty set forth in Code Section 40-6-163 and to prosecute or defend any other civil action in the prosecution or defense of which the state is interested, unless otherwise specially provided for;"
SECTION 2. Said chapter is further amended by revising paragraph (4) of subsection (b) of Code Section 15-18-66, relating to duties of solicitors-general of state courts, as follows:
"(4) When authorized by law, To prosecute civil actions to enforce any civil penalty set forth in Code Section 40-6-163 and when authorized by law to prosecute or defend any civil action in the state court in the prosecution or defense of which the state is interested, unless otherwise specially provided for;"
SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:

THURSDAY, MARCH 22, 2012

4689

"15-18-70.1. (a) Upon the death or resignation of a solicitor-general, the chief assistant solicitorgeneral or, if there is no chief assistant solicitor-general, the assistant solicitor-general senior in time of service shall perform the duties of the deceased or resigned solicitorgeneral until such official's successor is appointed or elected and qualified. An assistant solicitor-general performing the duties of a deceased or resigned solicitor-general shall be compensated as provided for acting solicitor-generals in subsection (b) of Code Section 15-18-70. (b) If there is no assistant solicitor-general available to perform the duties of the deceased or resigned solicitor-general as provided in subsection (a) of this Code section, the presiding judge may request the assistance of the district attorney of the judicial circuit in which such county is located or another solicitor-general of a state court to prosecute cases until a solicitor-general is appointed or elected and qualified as provided by subsection (b) of Code Section 15-18-60. Any such district attorney or solicitor-general who is acting pursuant to this subsection shall be reimbursed by the county governing authority for actual expenses incurred while assisting in the state court pursuant to this subsection."
SECTION 4. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 5
15-18-90. The provisions of this article shall apply to a municipality authorized by the provisions of Article 1 of Chapter 32 of Title 36 to establish and maintain a municipal court, including a municipality for which a county is furnishing municipal court services pursuant to a contract authorized by Article 9 of Chapter 10 of this title.
15-18-91. (a) Subject to the provisions of this article, the governing authority of a municipality shall be authorized to create the office of prosecuting attorney of the municipal court. A copy of the resolution or ordinance creating the office of prosecuting attorney of the municipal court shall be provided to the Prosecuting Attorneys' Council of the State of Georgia. (b) Unless provided by the charter of such municipality or other local law, the prosecuting attorney of a municipal court shall be appointed by the governing authority of such municipality in the same manner as is the city attorney or, if there is no city attorney, the city manager. It shall be the duty of the municipal court clerk to notify the Prosecuting Attorneys' Council of the State of Georgia of the name of any person appointed to be the prosecuting attorney of a municipal court within 30 days of such appointment.

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(c) Unless otherwise provided by the charter of such municipality or other local law, the prosecuting attorney of the municipal court shall serve a term of office to be determined by the governing authority of such municipality. (d) The governing authority of a municipality shall also be authorized to contract with the district attorney of the judicial circuit in which such municipality is located or the solicitor-general of the state court of the county in which such municipality is located for such officer to perform the duties of the prosecuting attorney in such municipal court. Any district attorney or solicitor-general entering into any such contract may assign such other members of his or her staff to prosecute in the municipal court.
15-18-92. (a) Any person appointed as the prosecuting attorney of a municipal court shall be a member in good standing of the State Bar of Georgia and admitted to practice before the appellate courts of this state. (b) Notwithstanding the provisions of subsection (a) of Code Section 15-18-21 or subsection (b) of 15-18-72, an assistant district attorney or assistant solicitor-general may be appointed as the prosecuting attorney of a municipal court with the prior written consent of the district attorney or solicitor-general who employs such assistant district attorney or assistant solicitor-general. Such consent may be withdrawn at any time by the employing district attorney or solicitor-general. Notice that consent for such appointment is being withdrawn shall be done in writing to the governing authority of such municipality not less than 30 days prior to the day that such assistant district attorney or assistant solicitor-general shall cease to serve as the prosecuting attorney of a municipal court.
15-18-93. In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the prosecuting attorney of a municipal court shall take and subscribe to the following oath: 'I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as prosecuting attorney of the (City) (Town) of (here state the municipality).'
15-18-94. (a) Unless otherwise provided by local law, the governing authority of the municipality shall determine whether the prosecuting attorney of a municipal court shall be a fulltime or part-time prosecuting attorney. (b) Any full-time prosecuting attorney of a municipal court and any full-time employees of the prosecuting attorney of a municipal court shall not engage in the private practice of law. (c) Any part-time prosecuting attorney of a municipal court and any part-time assistant prosecuting attorney of a municipal court may engage in the private practice of law, but shall not practice in the municipal court or appear in any matter in which that prosecuting attorney has exercised jurisdiction.

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4691

15-18-95. If the prosecuting attorney of a municipal court is disqualified from engaging in the prosecution of a particular case or is unable to perform the duties of said office due to illness or incapacity, the governing authority shall provide for the appointment of a substitute prosecuting attorney.
15-18-96. (a) The prosecuting attorney of a municipal court shall have the duty and authority to represent the municipality:
(1) In the municipal court: (A) In the prosecution of any violation of the laws or ordinances of such municipality which is within the jurisdiction of such municipal court and punishable by confinement or a fine or both or by a civil penalty authorized by Code Section 40-6-163; and (B) In the prosecution of any violation of state laws which by general law municipal courts have been granted jurisdiction to try and dispose of such offenses, specifically including those offenses described in Chapter 32 of Title 36 and Code Section 40-13-21;
(2) In the appeal of any case prosecuted in the municipal court to the superior court or the appellate courts of this state; (3) In any case in which the defendant was convicted in the municipal court and is challenging such conviction through habeas corpus; (4) To attend each session of the state court when municipal ordinance cases are to be heard unless excused by the judge thereof and to remain until the business of the municipality is disposed of; (5) To administer the oaths required by law to the bailiffs or other officers of the court and otherwise to aid the presiding judge in organizing the court as may be necessary; and (6) To perform such other duties as are or may be required by law or ordinance or which necessarily appertain to such prosecuting attorney's office. (b) The prosecuting attorney of a municipal court shall have the authority to: (1) File, amend, and prosecute any citation, accusation, summons, or other form of charging instrument authorized by law for use in the municipal court; (2) Dismiss, amend, or enter a nolle prosequi on any accusation, citation, or summons filed in the municipal court as provided by law, except that the prosecuting attorney of a municipal court shall not have the authority to dismiss or enter a nolle prosequi in any case in which the accused is charged with a violation of state law other than one which the municipal court has jurisdiction to try and dispose of such offense without the consent of the proper prosecuting officer having jurisdiction to try and dispose of such offense. As used in this paragraph, the term 'proper prosecuting officer' means, in the case of felonies, the district attorney and, in the case of misdemeanors, the solicitor-general in counties where there is a state court, or in counties where there is no solicitor-general, the district attorney;

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(3) Reduce to judgment any fine, forfeiture, or restitution imposed by the municipal court as part of a sentence in an ordinance case or forfeiture of a recognizance which is not paid in accordance with the order of the court. A prosecuting attorney of a municipal court may institute such civil action in the courts of this state or of the United States or any of the several states to enforce such judgment against the property of the defendant; and (4) Request and utilize the assistance of any other municipal prosecutor, solicitorgeneral, assistant solicitor-general, district attorney, assistant district attorney, or other attorney employed by an agency of this state or its political subdivisions or authorities in the prosecution of any criminal action. (c) The provisions of this Code section shall not be deemed to restrict, limit, or diminish any authority or power of the district attorney or any solicitor-general to represent this state in any criminal case in which the accused is charged with a felony or misdemeanor, when the municipal court is acting as a court of inquiry pursuant to Article 2 of Chapter 7 of Title 17 or setting bail for any such offense, other than one which the municipal court has, by law, jurisdiction to try and dispose of.
15-18-97. The prosecuting attorney of a municipal court shall be compensated by the municipality as provided by local law or, in the absence of such local law, as provided by the governing authority of such municipality. The prosecuting attorney of a municipal court shall be entitled to be reimbursed for actual expenses incurred in the performance of his or her official duties in the same manner and rate as other municipal employees.
15-18-98. The prosecuting attorney of a municipal court may employ such additional assistant prosecuting attorneys and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the municipality. The prosecuting attorney of a municipal court shall define the duties and fix the title of any attorney or other employee of the prosecuting attorney's office. Personnel employed pursuant to this Code section shall be compensated by the municipality.
15-18-99. Any assistant prosecuting attorney or other attorney at law employed by the prosecuting attorney of a municipal court shall be a member in good standing of the State Bar of Georgia, shall serve at the pleasure of the prosecuting attorney, and shall have such authority, powers, and duties as may be assigned by the prosecuting attorney of the municipal court."
SECTION 5. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, is amended by adding a new Code section to read as follows:

THURSDAY, MARCH 22, 2012

4693

"36-32-6.1. (a) The municipal court of any municipality shall be granted jurisdiction to try and dispose of cases where a person is charged with transactions in drug related objects in violation of Code Section 16-13-32 if the offense occurred within the corporate limits of such municipality. The jurisdiction of any such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any fines arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. (c) Any defendant charged with transactions in drug related objects in violation of Code Section 16-13-32 in a municipal court shall be entitled, upon request, to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county where the alleged offense occurred. (d) Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Welch of the 110th offers the following amendment:
Amend the House Committee on Judiciary, Non-civil substitute to SB 352 (LC 29 5249ERS) by replacing lines 59 through 62 as follows:
(b) It shall be the duty of the municipal court clerk, or such other person designated by the governing authority of a municipality, to notify the Prosecuting
By inserting at the end of line 108 the following: At any time in which a substitute prosecuting attorney is not available or an appointment has not been made, the city attorney of the applicable municipality may serve as the substitute prosecuting attorney until such time as a prosecuting attorney or substitute prosecuting attorney is available or appointed.
By deleting lines 124 through 126.
By renumbering current paragraphs (5) and (6) as new paragraphs (4) and (5), respectively, on lines 127 and 129.

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By replacing lines 173 through 177 as follows: Any assistant prosecuting attorney or other attorney at law employed by the municipality for the purposes of prosecuting in the municipal court shall be a member in good standing of the State Bar of Georgia or satisfy the provisions of Code Section 15-18-22."

The Committee substitute, as amended, was adopted.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y 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
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
Ehrhart Y England Y Epps, C Y Epps, J Y 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
Hatchett Y Hatfield Y Heard

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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S E Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby 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 E Murphy Y Neal, J Y Neal, Y E Nimmer E Nix Y Oliver
O'Neal E Pak Y Parent Y Parrish Y Parsons
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

E Setzler Y Shaw Y Sheldon E 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 Y Stephenson Y Talton Y Tankersley Y Taylor, D E Taylor, R Y Taylor, T Y Teasley
Thomas 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

THURSDAY, MARCH 22, 2012

4695

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 0.

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

SB 407. By Senators Unterman of the 45th, Chance of the 16th and Miller of the 49th:

A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal the creation of the Health Strategies Council and the Clinical Laboratory, Blood Bank, and Tissue Bank Committee; to correct 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 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 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 Y 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

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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S E Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G

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

E Setzler Y Shaw Y Sheldon E Sims, B Y 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 E Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y 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 Manning Y Marin Y Martin Y Maxwell

Y Rogers, T Y Rynders E Scott, M Y Scott, S

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.

SB 473. By Senators Harbison of the 15th, Jeffares of the 17th and Hill of the 4th:

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 amend Code Section 48-5-478.2 of the Official Code of Georgia Annotated, relating to veterans awarded Purple Heart exempt from ad valorem taxes provided license plate issued under Code Section 40-2-84, so as to provide for a refund of ad valorem taxes; 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 Y Brooks Y Bruce Y Bryant Y Buckner Y Burns Y Byrd

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 Y Evans Y Floyd
Fludd Frazier E Fullerton Y Gardner

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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S E Jordan Y Kaiser

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

E 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 E Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites

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4697

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 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 Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B
Maddox, G Y Manning Y Marin Y Martin Y Maxwell

Y Pruett Y Purcell
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 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 154, nays 0.

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

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

HB 110. By Representatives Jacobs of the 80th, Willard of the 49th, Lindsey of the 54th, Powell of the 171st, Welch of the 110th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to provide for a vacant property registry; to provide for a definition; to provide for required elements of a form for such registration; to provide for exemptions and maximum fees for such registration and for removal from the registry; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL TO 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 provide for vacant and foreclosed real property registries; to provide for definitions; to provide for required elements of a form for such registrations; to provide for exemptions from registration; to provide for maximum fees and penalties for registration and failure to register; to provide for appellate rights; 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. 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, is amended by adding a new Code section to read as follows:
"44-14-14. (a) For purposes of this Code section, the term:
(1) 'Agent' means an individual with a place of business in this state at which he or she is authorized to accept inquiries, notices, and service of process on behalf of a vacant or foreclosed real property owner. (2) 'Department' means the Department of Community Affairs. (3) 'Foreclosed real property' means improved or unimproved real property for which a land disturbance permit has been issued by a county or municipal corporation and is held pursuant to a judicial or nonjudicial foreclosure of a mortgage, deed of trust, security deed, deed to secure debt, or other security instrument securing a debt or obligation owed to a creditor or a deed in lieu of foreclosure in full or partial satisfaction of a debt or obligation owed to a creditor. (4) 'Street address' means the street or route address. Such term shall not mean or include a post office box. (5) 'Vacant real property' means real property that:
(A) Is intended for habitation, has not been lawfully inhabited for at least 60 days, and has no evidence of utility usage within the past 60 days; or (B) Is partially constructed or incomplete, without a valid building permit. Such term shall not include a building or structure containing multiple units with common ownership that has at least one unit occupied with evidence of utility usage. (b) Effective July 1, 2012: (1) A county or municipal corporation may establish by ordinance or resolution for the requirement of registration of vacant or foreclosed real property as provided in this Code section; (2) Notwithstanding county or municipal ordinances or resolutions that require registration for repeated ordinance violations that remain uncorrected for at least 90 days, no county or municipal corporation shall require registration of vacant property or real property that is unoccupied, uninhabited, abandoned, foreclosed, or advertised for foreclosure on any basis other than as set forth in this Code section or as may be otherwise authorized by general law; and (3) No county or municipal corporation shall require for purposes of a vacant or foreclosed real property registry established pursuant to this Code section any information or documentation other than as set forth in this Code section. Any requirements of a vacant or foreclosed real property registry established by a county or municipal ordinance or resolution in effect as of July 1, 2012, that are in conflict with the requirements of this Code section shall be hereby preempted.

THURSDAY, MARCH 22, 2012

4699

(c) Each registrant shall be required to file with a specifically identified office or officer a registration form, in paper or electronic format, as required by the county or municipal corporation, requiring submission of only the following information:
(1) The real property owner's name, street address, mailing address, phone number, facsimile number, and e-mail address; (2) The agent's name, street address, mailing address, phone number, facsimile number, and e-mail address; (3) The real property's street address and tax parcel number; (4) The transfer date of the instrument conveying the real property to the owner; and (5) At such time as it becomes available, recording information, including deed book and page numbers, of the instrument conveying the real property to the owner. (d) The department may promulgate a standard vacant or foreclosed real property registry form that requires only the information set forth in subsection (c) of this Code section, in paper and electronic format. If such form is promulgated by the department, all counties and municipal corporations with a vacant or foreclosed real property registry shall use such form. (e)(1) When any real property is acquired by foreclosure under power of sale pursuant to Code Section 44-14-160 or acquired pursuant to a deed in lieu of foreclosure and:
(A) The deed under power of sale or deed in lieu of foreclosure contains the information specified in paragraphs (1) through (5) of subsection (c) of this Code section; (B) The deed is filed with the clerk of superior court within 60 days of the transfer; and (C) Proof of the following is provided to the office or officer in charge of the county or municipal foreclosed real property registry:
(i) A filing date stamp or a receipt showing payment of the applicable filing fees; and (ii) The entire deed under power of sale or entire deed in lieu of foreclosure, a county or municipal corporation shall not require the transferee to register such foreclosed real property pursuant to this Code section or the payment of any administrative fees pursuant to subsection (h) of this Code section. (2) No county or municipal corporation may require registration of vacant or foreclosed real property pursuant to this Code section within 90 days of such real property's transfer: (A) Pursuant to a deed under power of sale or deed in lieu of foreclosure; or (B) To the first subsequent transferee after the vacant real property has been acquired by foreclosure under power of sale pursuant to Code Section 44-14-160 or acquired pursuant to a deed in lieu of foreclosure. (f) An ordinance or resolution establishing a registry pursuant to this Code section may require a vacant or foreclosed real property owner to update the information specified in paragraphs (1) through (5) of subsection (c) of this Code section within 30 days after any change in such required information regardless of whether the information

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provided to the registry was in the deed under power of sale or deed in lieu of foreclosure. (g) A vacant or foreclosed real property owner, or the agent of such owner, may apply to remove such vacant or foreclosed real property from the registry at such time as the real property no longer constitutes vacant or foreclosed real property. The county or municipal corporation shall grant or deny such application within 30 days, and if no such determination is made within 30 days, the application shall be deemed granted. (h) An ordinance or resolution establishing a vacant or foreclosed real property registry may require the payment of administrative fees for registration which shall reasonably approximate the cost to the county or municipal corporation of the establishment, maintenance, operation, and administration of the registry. Such fees shall not exceed $100.00 per registration. (i) An ordinance or resolution establishing a vacant or foreclosed real property registry may require penalties for failure to register or failure to update the information specified in paragraphs (1) through (5) of subsection (c) of this Code section, provided that such penalties shall not exceed $1,000.00. (j) A county or municipal ordinance or resolution requiring the registration of vacant or foreclosed real property shall provide for administrative procedures. The administrative procedures shall include the right to appeal to the municipal or recorder's court in the city where the vacant or foreclosed real property is located or to the magistrate or recorder's court of the county in which the vacant or foreclosed real property is located, subject to applicable jurisdictional requirements. Any vacant or foreclosed real property owner affected by a county or municipal ordinance or resolution requiring vacant or foreclosed real property registration may challenge any determination made pursuant to such ordinance or resolution. (k) An ordinance or resolution adopted by the governing authority of a county to establish a registry pursuant to this Code section may, subject to and in accordance with the requirements of this Code section, require registration of vacant or foreclosed real property within the entire territory of the county, except territory located within the boundaries of any municipal corporation, unless otherwise allowed by intergovernmental agreement between the county and municipal corporation. (l) Nothing in this Code section shall be construed to prohibit a county or municipal ordinance or resolution requiring the registration of vacant or foreclosed real property from providing for exemptions from such registration. (m) Nothing in this Code section shall be construed to impair, limit, or preempt in any way the power of a county or municipal corporation to enforce any applicable codes, as defined in Code Section 42-2-8, or to define or declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. (n) Notwithstanding Code Section 36-74-30, an ordinance or resolution establishing a vacant or foreclosed real property registry may require the registration of residential rental property if such property is vacant or foreclosed real property."

THURSDAY, MARCH 22, 2012

4701

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

Representative Jacobs of the 80th moved that the House agree to the Senate substitute to HB 110.

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black N Braddock N 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 Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo N Dutton
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd
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 N Hatfield Y Heard

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

Y Mayo Y McBrayer N McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal, J Y Neal, Y E Nimmer E Nix Y Oliver Y O'Neal E 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 N Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S

E Setzler Y Shaw Y Sheldon E 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 Y Taylor, D E Taylor, R Y Taylor, T Y Teasley Y Thomas 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 motion, the ayes were 145, nays 12.

The motion prevailed.

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 Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 373 Do Pass, by Substitute SR 843 Do Pass, by Substitute
Respectfully submitted, /s/ Roberts of the 154th
Chairman
Representative Hanner of the 148th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 26, 2012, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the Speaker Pro Tem announced the House adjourned until 10:00 o'clock, A.M., Monday, March 26, 2012.

MONDAY, MARCH 26, 2012

4703

Representative Hall, Atlanta, Georgia

Monday, March 26, 2012

Thirty-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 Casas Cheokas Clark, J Clark, V Coleman Collins Cooke Cooper Davis

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

E Henson Hightower Hill Holcomb Holmes Holt
E Horne Hugley
E James Jasperse Jerguson Johnson Jones, J Jones, S
E Jordan Kaiser Kendrick Kidd Kirby Lane Lindsey
E Maddox, B Manning Marin Martin Maxwell Mayo McBrayer McKillip Meadows Mitchell

Morgan E Morris
Mosby Murphy E Neal, J Nimmer Nix Oliver O'Neal Pak Parent Parrish Peake Powell, A Powell, J Pruett Purcell Ramsey E Randall Reece Rice Riley Rogers, C Rogers, T Rynders E Scott, M Scott, S Setzler Shaw Sheldon

Sims, B E Smith, E
Smith, L Smith, R E Smith, T Smyre Spencer Stephens, M Stephens, R E Stephenson Talton Tankersley Taylor, D Taylor, R Taylor, T Teasley Thomas Waites Watson Welch E 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 Abdul-Salaam of the 74th, Benfield of the 85th, Bruce of the 64th, Channell of the 116th, Coomer of the 14th, Dollar of the 45th, Epps of the 128th, Frazier of the 123rd, Geisinger of the 48th, Howard of the 121st, Hudson of the 124th, Jackson of the 142nd, Jacobs of the 80th, Knight of the 126th, Maddox of the 172nd, McCall of the

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30th, Parsons of the 42nd, Roberts of the 154th, Sims of the 169th, and Willard of the 49th.
They wished to be recorded as present.
Prayer was offered by Pastor Jack Varnell, Unity United Methodist Church, Lakeland, 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 Bill and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 1305. By Representatives Geisinger of the 48th, Lindsey of the 54th, Riley of the 50th, McCall of the 30th, Pruett of the 144th and others:
A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for parimutuel wagering or betting on horse racing in this state; to provide for the comprehensive regulation of such activities; to provide for legislative intent;

MONDAY, MARCH 26, 2012

4705

to provide for definitions; to provide for the establishment of the Georgia Racing Commission; to provide for the membership, terms of office, filling of vacancies, qualifications, duties, and responsibilities of the members of such commission; to provide for the legal representation of such commission; to provide for commission staff and employees; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Regulated Industries.

HR 2015. By Representatives Kidd of the 141st, Sims of the 169th, Powell of the 29th, Rynders of the 152nd, Oliver of the 83rd and others:

A RESOLUTION creating the House Public Utility Unit Closure, Contracts, and Rates Study Committee; and for other purposes.

Referred to the Committee on Energy, Utilities & Telecommunications.

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

HB 1303

HR 1977

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 Senate and has instructed me to report the same back to the House with the following recommendation:

SB 448 Do Pass, by Substitute

Respectfully submitted, /s/ Morris of the 155th
Chairman

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

Mr. Speaker:

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

SB 34 Do Pass

Respectfully submitted, /s/ Coleman of the 97th
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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 447 Do Pass SB 469 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 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 1290 HB 1300 SB 354 SB 523

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

HB 1298 Do Pass HB 1304 Do Pass SB 462 Do Pass

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

MONDAY, MARCH 26, 2012

4707

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 493 Do Pass, by Substitute

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

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

HR 1876 Do Pass HR 1979 Do Pass

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

HOUSE RULES CALENDAR MONDAY, MARCH 26, 2012

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

SB 143

Massage Therapy Practice; provide that an applicant for a license by endorsement shall provide certain information (Substitute)(RegI-Harrell106th) Henson-41st

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SB 324 SB 357 SB 365
SB 367 SB 371 SB 383 SB 446
SB 464

Veterinary Medicine; clarify a certain definition (Substitute)(A&CA-Neal1st) Mullis-53rd Agriculture; repeal the "Georgia Treated Timber Products Act of 1973" (A&CA-Tankersley-158th) Wilkinson-50th Property; collected funds; change prov.; residential real property; provide form Acknowledgment and Waiver of Borrower's Rights (Substitute)(JudyMcKillip-115th) Hamrick-30th Agriculture Commissioner; authorized to require persons incurring civil penalties to obtain a surety bond (A&CA-McCall-30th) Bulloch-11th Aviation; provide for local governments' ability to accept community improvement district funds (GAff-Manning-32nd) Tippins-37th 'Georgia International Commercial Arbitration Code'; repeal Part 2, relating to international arbitration (Judy-Willard-49th) Hamrick-30th Fire Protection and Safety; buildings; transfer certain functions; Dept. of Labor and Commissioner of Labor to the Office of Safety Fire Commissioner and Safety Fire Commissioner (Substitute)(GAff-Carter175th) Mullis-53rd Fish and Fishing; limit the number of commercial crabbing licenses issued (Substitute)(GF&P-Atwood-179th) Ligon, Jr.-3rd

Modified Structured Rule

SB 225 SB 289 SB 319 SB 337 SB 356
SB 385
SB 396

Criminal Offenses; provide for new offense of transmitting a false report; penalties (Substitute)(JudyNC-Collins-27th) Miller-49th Education; require students; one course containing online learning (Substitute)(Ed-Dudgeon-24th) Rogers-21st State Parks; use of boats; revise certain provisions (Substitute)(GF&PPruett-144th) Jeffares-17th Insurance; limitations on licensure requirements for certain health care providers (Substitute)(Ins-Taylor-173rd) Goggans-7th Superior Courts; provide additional judge of the Bell-Forsyth Judicial Circuit; initial appointment; election and term of office (Substitute)(JudyHamilton-23rd) Murphy-27th Insurance Commissioner; provide for confidentiality of certain records; exceptions; premium taxes and rate; manner of collection (Substitute)(InsGolick-34th) Shafer-48th Herty Advanced Materials Development Center; change prov.; rename and transfer governance to Board of Regents (GAff-Carter-175th) Chance-16th

Structured Rule

SB 368

Nurses; provide for continuing competency requirements; renewal of licenses (Substitute)(H&HS-Cooper-41st) Carter-1st

MONDAY, MARCH 26, 2012

4709

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 1290. By Representatives Mosby of the 90th, Oliver of the 83rd, Bell of the 58th, Benfield of the 85th, Jacobs of the 80th and others:
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 25, 2002 (Ga. L. 2002, p. 4536), 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 certain terms of office; 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 following Committee substitute was read and adopted:
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 25, 2002 (Ga. L. 2002, p. 4536), 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 certain terms of office; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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

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amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), is amended by revising Section 1 as follows:
"SECTION 1. (a) There is created the board of education of DeKalb County. The board of education shall consist of nine members elected as provided in subsection (b) of this section.
(b)(1) For purposes of electing members of the board of education, the DeKalb County School District is divided into nine education districts. One member of the board shall be elected from each such district.
(2)(A) Education Districts 1, 2, 3, 4, 5, 6, and 7 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: dekalbsb-legdel-p2-2012 Plan Type: Local Administrator: dekalb User: Gina'. (B) For the purposes of such plan described in subparagraph (A) of this paragraph:
(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. (C) Any part of the DeKalb 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. (D) Any part of the DeKalb 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. (3)(A) Education Districts 8 and 9 shall be and correspond to those two numbered districts described in and attached to and made a part of this Act and further identified as 'Plan Name: deksup2re Plan Type: local User: Shantee Administrator: Dekalb'. (B) When used in such plan described in subparagraph (A) of this paragraph, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric

MONDAY, MARCH 26, 2012

4711

designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. (C) Any part of the DeKalb County School District which is not included in any such 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 2000 for the State of Georgia. (D) Any part of the DeKalb County School District which is described in subparagraph (A) of this paragraph as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any education district in the plan described in subparagraph (A) of this paragraph, 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 2000 for the State of Georgia."
SECTION 2. Said Act is further amended by revising Section 2 as follows:
"SECTION 2. (a) Successors to the members from Education Districts 2, 4, 6, and 8 shall be elected in the 2012 nonpartisan election to be held and conducted in accordance with Code Section 21-2-139 of the O.C.G.A. Those members of the board elected thereto from Education Districts 2, 4, 6, and 8 in 2012 shall take office the first day of January immediately following that election and shall serve for terms of office which expire December 31, 2014. (b) Successors to the members of the board shall be elected in the 2014 nonpartisan election to be held and conducted in accordance with Code Section 21-2-139. Those members of the board elected thereto shall take office the first day of January immediately following that election and shall serve for terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. (c) All future successors to members of the board whose terms of office are to expire shall be elected at the nonpartisan election held and conducted in accordance with Code Section 21-2-139 of the O.C.G.A. 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 and until their respective successors are elected and qualified."

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SECTION 3. (a) Those members of the Board of Education of DeKalb 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, 4, 5, 6, 7, 8, and 9, 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, 6, 7, 8, and 9, 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 their respective districts as newly described under this Act.
SECTION 4. The Board of Education of DeKalb 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 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 5. This Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Plan: dekalbsb-legdel-p2-2012 Plan Type: Local Administrator: dekalb User: Gina
District 001 DeKalb County VTD: 089AD - AUSTIN VTD: 089AG - ASHFORD DUNWOOD VTD: 089AH - ASHFORD PARKSIDE VTD: 089CE - CHAMBLEE (CHA) VTD: 089CH - CHESNUT ELEMENTARY VTD: 089DA - DORAVILLE NORTH VTD: 089DB - DORAVILLE SOUTH VTD: 089DF - DUNWOODY VTD: 089DG - DUNWOODY HIGH SCHOOL VTD: 089DI - DUNWOODY LIBRARY

MONDAY, MARCH 26, 2012
VTD: 089GD - GEORGETOWN SQ VTD: 089HB - HAWTHORNE ELEM 021308: 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 VTD: 089HF - HUNTLEY HILLS ELEM VTD: 089KB - KINGSLEY ELEM VTD: 089MQ - MOUNT VERNON EAST VTD: 089MS - MOUNT VERNON WEST VTD: 089MU - MONTGOMERY ELEM VTD: 089NA - NANCY CREEK ELEM VTD: 089NF - NORTH PEACHTREE VTD: 089PB - PEACHTREE MIDDLE SCHOOL VTD: 089SE - SILVER LAKE 021102: 1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 3001 3002 3003 3004 3005 3006 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 021209: 3011 3016 VTD: 089TG - TILLY MILL ROAD VTD: 089WI - WARREN TECH 021308: 1000 1001 1005 2000 2001 2002 2003 2005 2006 2007 2008 3018 3019 VTD: 089WL - WINTERS CHAPEL
District 002 DeKalb County VTD: 089AB - ASHFORD PARK ELEMENTARY VTD: 089AM - AVONDALE MIDDLE VTD: 089BC - BRIAR VISTA ELEMENTARY 020100: 1003 1004 1014 021502: 2004 2007 2008 2009 2010 2011 2012 2013 2014 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 021504: 1000 1001 1002 1003 1004 1005 1006 1007 VTD: 089BE - BRIARWOOD

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VTD: 089BG - BRIARCLIFF VTD: 089BI - BROOKHAVEN VTD: 089CJ - CLAIRMONT HILLS VTD: 089CO - CROSS KEYS HIGH VTD: 089CW - CORALWOOD VTD: 089DH - DRUID HILLS HIGH SCHOOL VTD: 089EG - EMORY SOUTH VTD: 089ER - EMORY ROAD VTD: 089FB - FERNBANK ELEM 022401: 3008 3012 3014 022403: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022 1023 1024 1025 1027 1028 1029 1030 1035 2010 2011 2012 2014 2015 2016 2018 2019 2020 2021 2022 2023 3006 3007 3008 3009 3010 3011 3012 3013 3014 VTD: 089LB - LAVISTA ROAD VTD: 089LC - LAVISTA VTD: 089ME - MCLENDON ELEM VTD: 089MG - MEDLOCK ELEM VTD: 089MJ - MONTCLAIR ELEM VTD: 089MP - MARGARET HARRIS VTD: 089NB - NORTH DECATUR 022203: 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 1038 1043 022204: 2018 2019 2020 3001 3002 3003 3004 4014 022600: 1019 023000: 1000 1001 1007 VTD: 089SA - SAGAMORE HILLS 021604: 2017 2018 2022 VTD: 089SB - SCOTT 022301: 1022 1023 1024 1025 1026 1027 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 4004 4008 4009 4010

MONDAY, MARCH 26, 2012
4011 4012 4013 4014 4015 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 VTD: 089SC - SCOTTDALE VTD: 089SN - SHAMROCK MIDDLE VTD: 089WJ - WOODWARD ELEM
District 003 DeKalb County VTD: 089AE - AVONDALE (AVO) VTD: 089AF - HOOPER ALEXANDER 022900: 2000 2001 2002 2003 2004 3003 3004 3005 3006 3007 3009 3010 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3030 3031 023101: 2002 2003 2013 2014 VTD: 089BL - BOULDERCREST RD VTD: 089CA - COLUMBIA DRIVE VTD: 089CC - COLUMBIA ELEMENTARY VTD: 089CD - CEDAR GROVE ELEMENTARY VTD: 089CL - CLIFTON ELEMENTARY VTD: 089CM - COLUMBIA MIDDLE VTD: 089CQ - CANDLER VTD: 089CR - CEDAR GROVE MIDDLE VTD: 089CS - CEDAR GROVE SOUTH 023424: 1017 1023 1024 1025 VTD: 089CT - COVINGTON HWY L VTD: 089EB - EASTLAND VTD: 089FC - FLAT SHOALS ELEM VTD: 089FD - FORREST HILLS ELEM 022203: 1040 022900: 1000 1001 1002 1003 1004 1005 1007 1009 1012 1013 1015 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 023000: 1026 1027 1028 1029 1040 1041 VTD: 089FJ - FLAT SHOALS VTD: 089GC - GRESHAM PARK ELEM VTD: 089GE - GLENHAVEN ELEM VTD: 089KA - KELLEY LAKE ELEM

4715

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VTD: 089KE - KNOLLWOOD ELEM VTD: 089ML - MEADOWVIEW ELEM VTD: 089MO - MIDWAY ELEM VTD: 089MP - MCNAIR MIDDLE VTD: 089OV - OAK VIEW ELEM VTD: 089PA - PEACHCREST ELEM VTD: 089PN - PINEY GROVE VTD: 089SG - SNAPFINGER ELEM VTD: 089TA - TERRY MILL ELEM VTD: 089TB - TILSON ELEM VTD: 089TC - TONEY ELEM VTD: 089WA - WADSWORTH ELEM
District 004 DeKalb County VTD: 089BD - BRIARLAKE ELEMENTARY VTD: 089BF - BROCKETT ELEMENTARY VTD: 089BH - BROCKETT VTD: 089DC - DRESDEN ELEM VTD: 089EC - EMBRY HILLS VTD: 089EF - EVANSDALE ELEM VTD: 089HB - HAWTHORNE ELEM 021308: 1016 1017 021705: 3006 3007 3010 3011 3012 3013 021706: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4008 4009 VTD: 089HC - HENDERSON MILL VTD: 089HD - HERITAGE ED VTD: 089HG - HUGH HOWELL VTD: 089LA - LAKESIDE HIGH VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL VTD: 089MH - MIDVALE ELEM VTD: 089MK - MONTREAL VTD: 089MW - MIDVALE ROAD VTD: 089ND - NORTHLAKE VTD: 089OA - OAK GROVE ELEM VTD: 089OB - OAKCLIFF ELEM VTD: 089PF - PLEASANTDALE ELEM VTD: 089PK - PLEASANTDALE ROAD

MONDAY, MARCH 26, 2012
VTD: 089RD - REHOBOTH VTD: 089SA - SAGAMORE HILLS 021604: 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2019 2020 021704: 3001 3002 3003 3004 3005 3006 3007 3008 3009 VTD: 089SF - SKYLAND VTD: 089SH - SMOKE RISE VTD: 089TF - TUCKER VTD: 089TH - TUCKER LIBRARY VTD: 089VB - VALLEY BROOK VTD: 089WI - WARREN TECH 021307: 2044 2045 2056 2058 021705: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 2012 2013 2014 2015 2016 2017 2018 2019 2027 2028 2029 2030 2031 2032 2033 2034 021808: 2024
District 005 DeKalb County VTD: 089BJ - BROWN'S MILL ELEMENTARY VTD: 089CB - CANBY LANE ELEMENTARY VTD: 089CF - MURPHEY CANDLER VTD: 089CG - CHAPEL HILL ELEMENTARY VTD: 089CS - CEDAR GROVE SOUTH 023422: 1004 1005 1006 1007 1008 1009 2022 2023 023423: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1016 1017 VTD: 089FA - FAIRINGTON ELEM VTD: 089FE - FLAT SHOALS PARKWAY VTD: 089FG - FLAT ROCK ELEM VTD: 089FK - FLAKES MILL FIRE VTD: 089FL - FLAT SHOALS LIBRARY VTD: 089HH - NARVIE J HARRIS VTD: 089KC - KELLEY CHAPEL VTD: 089KD - ML KING JR HIGH

4717

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VTD: 089LD - LITHONIA (LIT) VTD: 089MF - MCWILLIAMS VTD: 089MI - MILLER GROVE MIDDLE SCHOOL 023214: 2002 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 023416: 1000 1001 1014 1015 VTD: 089MR - BOB MATHIS ELEM VTD: 089MV - MILLER GROVE ROAD VTD: 089MZ - MILLER GROVE HIGH VTD: 089PR - PANOLA ROAD VTD: 089RA - RAINBOW ELEM VTD: 089SL - STONEVIEW ELEM VTD: 089SM - SALEM MIDDLE VTD: 089SS - SNAPFINGER ROAD VTD: 089WB - WESLEY CHAPEL SOUTH VTD: 089WD - WOODROW ROAD
District 006 DeKalb County VTD: 089FM - FREEDOM MIDDLE VTD: 089HA - HAMBRICK ELEM VTD: 089IA - IDLEWOOD ELEM VTD: 089MA - ELDRIDGE L MILL VTD: 089NC - NORTH HAIRSTON VTD: 089PC - PRINCETON ELEM VTD: 089PE - PINE LAKE (PIN) VTD: 089RC - REDAN ELEM VTD: 089RE - ROCKBRIDGE ELEM VTD: 089RF - ROCK CHAPEL ELEM VTD: 089RH - REDAN-TROTTI VTD: 089RI - ROCKBRIDGE ROAD VTD: 089RL - ROCK CHAPEL ROAD VTD: 089SD - STN MTN ELEMENTARY VTD: 089SI - STN MTN MIDDLE VTD: 089SJ - STONE MILL ELEM VTD: 089SK - SHADOW ROCK ELEM VTD: 089SO - SOUTH DESHON VTD: 089SP - STN MTN CHAMPION VTD: 089SQ - STONE MTN LIBRARY VTD: 089ST - STEPHENSON MIDDLE VTD: 089SU - SOUTH HAIRSTON

MONDAY, MARCH 26, 2012

4719

VTD: 089SV - STEPHENSON HIGH VTD: 089WN - WYNBROOKE ELEM
District 007 DeKalb County VTD: 089AA - ALLGOOD ELEMENTARY VTD: 089AC - ATHERTON ELEMENTARY VTD: 089BM - BETHUNE MIDDLE VTD: 089CK - CLARKSTON (CLA) VTD: 089CP - CROSSROADS VTD: 089DE - DUNAIRE ELEM VTD: 089GB - GLENHAVEN VTD: 089IB - INDIAN CREEK ELEM VTD: 089JB - JOLLY ELEM VTD: 089LH - LITHONIA HIGH SCHOOL VTD: 089MC - MARBUT ELEM VTD: 089MI - MILLER GROVE MIDDLE SCHOOL 023214: 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 2000 2001 2003 2004 2005 2006 2007 2010 2011 2025 VTD: 089MM - MEMORIAL NORTH VTD: 089MN - MEMORIAL SOUTH VTD: 089PH - PANOLA VTD: 089PI - PANOLA WAY ELEM VTD: 089RG - ROWLAND ELEM VTD: 089RJ - ROWLAND ROAD VTD: 089RK - REDAN ROAD VTD: 089RM - REDAN MIDDLE VTD: 089SR - SNAPFINGER ROAD VTD: 089WG - WOODRIDGE ELEM VTD: 089WK - WHITE OAK VTD: 089YA - YOUNG ROAD
Plan Name: deksup2re Plan Type: local User: Shantee Administrator: Dekalb
Redistricting Plan Components Report
District 008 DeKalb County
Tract: 211 Tract: 212.02 Tract: 212.04

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BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1032 1033 1034 Tract: 212.07 Tract: 212.08 Tract: 212.09 Tract: 212.10 Tract: 212.11 Tract: 212.12 Tract: 212.13 Tract: 212.14 Tract: 213.01 Tract: 213.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3015 3016 BG: 4 Tract: 213.03 Tract: 213.04 Tract: 214.03 BG: 1 BG: 2 2003 2004 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 Tract: 214.04 BG: 2 2012 Tract: 214.05 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2028 2029 2037 2038 2039 2040 Tract: 216.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1999 Tract: 217.03 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011

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4012 4013 4014 4015 4016 4018 4019 4020 4021 4022 4023 4024 4025 4999 Tract: 217.04 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3023 3024 3025 BG: 9 Tract: 217.05 Tract: 217.06 Tract: 218.05 Tract: 218.06 Tract: 218.08 Tract: 218.09 Tract: 218.10 Tract: 218.11 Tract: 218.12 Tract: 219.02 Tract: 219.04 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09 Tract: 220.01 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 Tract: 220.04 Tract: 220.05 Tract: 220.06 Tract: 220.07 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2019 2020 2021 Tract: 220.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 BG: 2 Tract: 231.06 BG: 1

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1006 Tract: 232.04 Tract: 232.06 BG: 2 2000 2001 2002 2003 2004 2005 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2998 2999 BG: 4 4000 4001 4002 4003 4004 4005 4006 Tract: 232.08 Tract: 232.09 Tract: 232.10 Tract: 232.11 Tract: 232.12 Tract: 233.02 Tract: 233.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4013 4015 4016 4017 4998 Tract: 233.05 Tract: 233.06 Tract: 233.07 Tract: 233.09
District 009 DeKalb County
Tract: 201 BG: 1 1013 1014 1022 1026 1027 1028 1029 Tract: 212.04 BG: 1 1028 1029 1030 1031 Tract: 213.02 BG: 3 3011 3012 3013 3014 3017 3018 3019 3020 3021 3022 Tract: 214.01 Tract: 214.03 BG: 2 2000 2001 2002 2005 2006 2007 2008 2018 2019 2020 2021 2022 Tract: 214.04 BG: 1

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BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Tract: 214.05 BG: 1 BG: 2 2000 2001 2002 2027 2030 2031 2032 2033 2034 2035 2036 2041 2042 Tract: 214.06 Tract: 215.01 Tract: 215.02 Tract: 216.01 BG: 1 1015 1016 1018 1019 1020 1021 BG: 2 BG: 3 BG: 4 Tract: 216.02 Tract: 216.03 Tract: 217.03 BG: 4 4017 Tract: 217.04 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 220.01 BG: 4 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 Tract: 220.07 BG: 1 1006 1007 BG: 2 2016 2017 Tract: 220.08 BG: 1 1014 Tract: 221 Tract: 222 BG: 1 BG: 2 BG: 3

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BG: 4 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 4035 Tract: 223.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4013 Tract: 223.02 Tract: 224.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2008 BG: 3 BG: 4 Tract: 224.02 Tract: 224.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3016 3017 3018 3019 3020 Tract: 225 BG: 1 1003 1004 Tract: 226 BG: 3 3013 Tract: 229 Tract: 230 Tract: 231.01 Tract: 231.02 Tract: 231.05 Tract: 231.06 BG: 1

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1000 1001 1002 1003 1004 1005 1007 1008 1009 1010 1011 1012 1013 BG: 2 BG: 3 BG: 4 Tract: 231.07 Tract: 231.08 Tract: 232.03 Tract: 232.06 BG: 2 2006 2007 2008 2009 2010 2011 2012 BG: 3 BG: 4 4007 4008 4009 4010 4011 4012 Tract: 233.03 BG: 1 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 4 4010 4011 4012 4014 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4999 Tract: 233.10 Tract: 234.04 Tract: 234.05 Tract: 234.10 Tract: 234.11 Tract: 234.12 Tract: 234.13 Tract: 234.14 Tract: 234.15 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.01 Tract: 235.04 Tract: 235.05 Tract: 235.06 Tract: 235.07 Tract: 236.01 Tract: 236.02 Tract: 236.03

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Tract: 237 Tract: 238.01 Tract: 238.02 Tract: 238.03
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1298. By Representatives Ashe of the 56th, Lindsey of the 54th, Abrams of the 84th, Gardner of the 57th, Long of the 61st and others:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3840), so as to modify provisions relating to the municipal court; to provide for the imposition, collection, and expenditure of an additional penalty in the municipal court for municipal detention and prison facilities; 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 1300. By Representative Pruett of the 144th:
A BILL to be entitled an Act to revise and restate the law relating to the Bleckley County board of education and school superintendent; to provide for the number of members of the board and the districts from which they are elected; to provide for eligibility, manner of election, and filling of vacancies; to provide for a chairperson and vice chairperson; to provide for reimbursement of expenses; to provide for appointment of the school superintendent; to provide for related matters; to provide for submission of this Act for preclearance under the Voting Rights Act; 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 revise and restate the law relating to the Bleckley County board of education and school superintendent; to provide for the number of members of the board and the districts from which they are elected; to provide for eligibility, manner of election, and

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filling of vacancies; to provide for a chairperson and vice chairperson; to provide for reimbursement of expenses; to provide for appointment of the school superintendent; to provide for related matters; to provide for submission of this Act for preclearance under the Voting Rights Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The purpose of this Act is to revise and restate the law relating to the Bleckley County board of education by virtue of the authority contained in Article VIII, Section V, Paragraph II of the Constitution of Georgia.
SECTION 2. (a) At the general election in 2012 and quadrennially thereafter a total of three members of the Bleckley County board of education shall be elected. One member each shall be elected from School Board Districts 1, 2, and 3 for terms of four years. At the general election in 2014 and quadrennially thereafter two members of the board of education shall be elected. One member each shall be elected from School Board Districts 4 and 5 for terms of four years. A quorum of the board shall be three members. (b) For the purpose of electing members of the board of education of Bleckley County, the Bleckley County School District is divided into five districts. 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: bleckleysb-2012 Plan Type: local Administrator: bleckley 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 the Bleckley 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. (3) Any part of the Bleckley 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.

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(4) 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 3. (a) No person shall be a member of the board of education if he or she is ineligible for such office pursuant to the provisions of Code Sections 20-2-51 or 45-2-1 or any other provision contained in the O.C.G.A. (b) In order to be elected as a member of the board from a district, a person must have resided in that district for at least six months prior to the date such person qualifies as a candidate for election from such district and must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that district may vote for a member of the board from that district. At the time of qualifying for election as a member of the board from a district, each candidate for such office shall specify the district for which that person is a candidate. A person elected as a member of the board from a district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
SECTION 4. In the event a vacancy occurs in the membership of the board of education for any reason, such vacancy shall be filled as follows:
(1) If the vacancy occurs more than 90 days prior to the date of a general election preceding the general election at which a successor would be elected for a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as said general election preceding the general election at which a successor would be elected to a new full term of office; and in this case the remaining members of the board of education shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office; and (2) If the vacancy does not occur more than 90 days prior to the date of a general election preceding the general election at which a successor would be elected for a new full term of office, then the remaining members of the board of education shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term. The individual so selected must meet the residency requirements as specified in subsection (b) of Section 3 of this Act.
SECTION 5. Members of the board of education shall be elected in nonpartisan elections as authorized by Code Section 21-2-139 of the O.C.G.A.

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SECTION 6. At the first meeting of the board of education in January of each year, the board shall elect a chairperson and a vice chairperson, each of whom shall be eligible to succeed himself or herself.
SECTION 7. Each member of the board of education shall be entitled to reimbursement for actual expenses necessarily incurred in connection with travel outside of the county on official business of the board of education, including, but not limited to, attending training sessions or state-wide meetings; provided, however, that such travel is authorized by a majority vote of the members of the board of education prior thereto. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board. Each board member shall be entitled to participate in any school district group insurance plan to the extent authorized in Code Section 20-2-55 of the O.C.G.A.
SECTION 8. The board shall appoint a superintendent of the Bleckley County School System as provided by Code Section 20-2-101 of the O.C.G.A. The superintendent shall possess the qualifications prescribed by the laws of this state for county school superintendents and shall be compensated in an amount to be determined by the board. The present superintendent shall remain in office until his or her successor is appointed.
SECTION 9. The Board of Education of Bleckley 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 Education of Bleckley 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 10. The Board of Education of Bleckley 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 11. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Education of Bleckley 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.

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SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
Plan: bleckleysb-2012 Plan Type: local Administrator: bleckley User: bak
District 001 Bleckley County VTD: 0231 - FAIRGROUND 790200: 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 1045 1048 1049 1050 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1079 1088 1143 1144 2000 2001 2002 2003 2041 2048 2049 2050 2051 2052 2053 2054 2055 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 790300: 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1096 1098 1100 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1114 1115 1116 1117 1118 1119 1120 1121 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 4017 4018 4048 4049 4050
District 002 Bleckley County VTD: 0231 - FAIRGROUND 790100: 2073 2075 2076 2077 2079 2097 790200: 1043 1044 1046 1047 1051 1080 1086 1087 1089 1090 1091 1093 1094 1095 1096 1097 1099 1100 1101 1102 1103 1104 1105 1106 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 1145 1146 1147

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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 2042 2043 2044 2045 2046 2047 2056 2057 790300: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3016 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3033 3034 3038 3063 3064 3065 3066 3067 3068 3074 3075 3102 4000 4001 4002 4003 4004 4022 4023 4024
District 003 Bleckley County VTD: 0231 - FAIRGROUND 790100: 2065 2066 2067 2068 2069 2070 2074 2078 2080 2081 2090 2095 2096 2102 2103 2104 2105 2106 2114 2119 790300: 1004 3015 3017 3018 3019 3031 3032 3035 3036 3037 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3069 3070 3071 3072 3073 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 3103 3104 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4019 4020 4021 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4051
District 004 Bleckley County VTD: 0231 - FAIRGROUND 790100: 2005 2006 2007 2009 2013 2014 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 2082 2083 2084 2085 2086 2087 2088 2089 2091 2092 2093 2094 2098 2099 2100 2101 2107 2108 2109 2110 2111 2112 2113 2115 2116 2117 2118 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 790300: 1000 1001 1002 1003 1005 1006 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067

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1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1089 1090 1091 1092 1093 1094 1095 1097 1099 1101 1113 1122 1123
District 005 Bleckley County VTD: 0231 - FAIRGROUND 790100: 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 2000 2001 2002 2003 2004 2008 2010 2011 2012 2015 2016 2017 2071 2072 790200: 1076 1077 1078 1081 1082 1083 1084 1085 1092 1098 1107 1108 1109
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1304. By Representatives Carter of the 175th, Taylor of the 173rd, Black of the 174th, Houston of the 170th, Shaw of the 176th and others:
A BILL to be entitled an Act to provide the director of the pretrial release program for the Southern Judicial Circuit and such other members of the staff of such program as may be designated by the chief judge of such judicial circuit with arrest and certain other powers; 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 354. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, p.

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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 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 creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, 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 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, p. 3808), is amended by striking Sections 1 through 3(A) and inserting in lieu thereof the following:
"SECTION 1. The Board of Commissioners of Toombs 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 Commissioners of Toombs 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.
SECTION 2. (a) Those members of the Board of Commissioners of Toombs County who are serving as such on December 31, 2011, and any person selected to fill a vacancy in any such

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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 Toombs County shall consist of four members who shall be elected from commissioner districts described in subsection (b) of this section and a chairperson who is elected at large as provided in subsection (c) of Section 3 of this Act. (b) For purposes of electing members of the board of commissioners other than the chairperson, Toombs 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: toombsccR-2012 Plan Type: Local Administrator: Toombs User: Gina'. (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 Toombs County which is not included in any such district described in the attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of Toombs County which is described in the 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. (e) 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.
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 or appointed as a member of the board from a commissioner district, a person must have that person's legal residence in that district at the time of qualifying for election or at the time of appointment and, if elected, 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 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

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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 Toombs 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 3A. (a) The members of the reconstituted Board of Commissioners of Toombs County shall be elected as provided in this subsection. The first members from Commissioner Districts 1 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 1 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 2 and 3 and the at-large district 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 2 and 3 and the at-large district 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. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (c) Commissioner Districts 1, 2, 3, and 4, as they existed on December 31, 2011, 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 2. The Board of Commissioners of Toombs 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 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 on July 1, 2012.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Plan: toombsccR-2012 Plan Type: Local Administrator: Toombs User: Gina
District 001 Toombs County VTD: 27915361 - 15361 LYONS 970100: 1077 1078 1079 1080 1081 1082 1083 1084 1085 2018 2019 2020 2023 2026 2027 2028 2029 2030 2031 2034 2035 2036 2037 2038 2039 2040 2041 2045 2046 2047 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 3048 3049 3050 3051 3052 3053 970200: 2045 2046 2047 2048 2070 2071 2072 2073 2074 2075 3042 3043 3059 3060 3061 3062 3063 3064 3070 970500: 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 1037 1038 1039 1040 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2018 2019 2020 2021 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2056 VTD: 27915362 - 15362 SANTA CLAUS 970200: 3051 3057 3058 970400: 4000 970500: 2010 2011 2012 VTD: 279511 - 511 OLD HEALTH

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970200: 1042 1043 1044 1045 1066 1067 1068 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 3006 3007 3008 3009 3010 3011 3017 3029 3030 3031 3032 3033 3034 3035 3036 3037 3047 3048 3049 3050 3071 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 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 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5055 5056 5057 5058 5059 5062 5063 5064 5065 5066 5069 5070 5071 5072 970300: 2006 2008 2012 2013 2014 2015 2016 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2031 2033 2034 2035 2036 2037 2038 2039 2040 2041 2043 2044 2045 2046 2047 3067 3068 VTD: 279512 - 512 S.T.I. 970200: 3012 3013 3014 3015 3016 3052 3053 3054 3055 3056 5053 5054 5060 5061 5067 5073 970400: 4001 4003 4004 4006 4007 4008 4009 4010 4020 4021 4022 4061 4072 4078 970500: 2013 2017 VTD: 279514 - 514 S.T.I.A.L.C 970300: 1018 1026 1027 1028 1029 1030 1031 1033 1038 1039 1040 1041 1042 1043 1044 1065 1072 1073 1074 2000 2001 2002 2003 2004 2005 2007 2009 2010 2011 2017 2018 2029 2030 2032 2042
District 002 Toombs County VTD: 2791823 - 1823 CENTER 970400: 3021 4054 4056 4059 VTD: 279511 - 511 OLD HEALTH 970300: 1002 1005 1006 1007 1013 1014 1025 1056 1057 1058 VTD: 279512 - 512 S.T.I. 970200: 5068

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970400: 1000 1004 1008 1009 1010 1011 1012 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 2011 2015 2016 2017 2018 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3022 3023 3024 4016 4017 4018 4019 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4048 4049 4050 4060 4075 4077 VTD: 279513 - 513 V.P.D. VTD: 279514 - 514 S.T.I.A.L.C 970300: 1016 1017 1034 1035 1036 1037 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1059 1060 1061 1062 1063 1064 1066 1067 1068 1069 1070 1071 1075 1076 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 3042 3043 3044 3045 3046 3055 3056 3057 3058 3059 3060 3062 3063 3064 3065 3069 3070 3071 4013 4014 4015 4019 4020 4021 4025 4026 4038 4039 4047 5022 5023 5024
District 003 Toombs County VTD: 2791192 - 1192 BLUE RIDGE VTD: 27915361 - 15361 LYONS 970100: 2017 2021 2022 2024 2025 2032 2033 2042 2043 970200: 1059 2000 2001 2007 2010 2011 2012 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 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 3024 3025 3026 3027 3028 3038 3039 3040 3041 3044 3045 3046 3065 3066 3067 3068 3069 3072 3073 VTD: 27915362 - 15362 SANTA CLAUS 970100: 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1073 1074 1075 1076 1086 1087 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2044 3000 3001 3047 4008 4009 4021 4022 4023 4025 4027 4076 4077 970200:

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1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1060 1061 1062 1087 1088 2002 2003 2004 2005 2006 2008 2009 2013 2014 2015 2016 2017 970500: 1032 1033 1034 1035 1036 VTD: 2791715 - 1715 NORMANTOWN VTD: 2791770 - 1770 OHOOPEE VTD: 27939 - 39 NEWBRANCH VTD: 279511 - 511 OLD HEALTH 970200: 1037 1038 1039 1040 1041 1046 1047 1048 1063 1064 1065 1069 3000 3001 3002 3003 3004 3005 3018 3019 3020 3021 3022 3023 970300: 1000 1001 1003 1004 1008 1009 1010 1011 1012 1015 1019 1020 1021 1022 1023 1024 1032 1077
District 004 Toombs County VTD: 2791403 - 1403 MARVIN VTD: 2791521 - 1521 HARDEN VTD: 27915362 - 15362 SANTA CLAUS 970100: 4024 970400: 4002 4005 4068 4069 4070 4071 4073 4074 970500: 2014 2015 2016 2022 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2065 2066 2067 2068 2069 2070 2071 2072 2073 2075 2076 2077 2078 3001 3002 3003 3004 3012 VTD: 2791823 - 1823 CENTER 970300: 3040 3041 3047 3048 3049 3050 3051 3052 3053 3054 3061 5019 5020 5021 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5062 970400: 4011 4012 4013 4014 4015 4047 4051 4052 4053 4055 4057 4062 4063 4064 4065 4066 4067 4076 970500: 3000 3005 3006 3007 3008 3009 3010 3011 3013 3014 3015 3016

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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 970600: 2007 2008 2009 2010 2011 2012 VTD: 27943 - 43 CEDAR CROSSING
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 462. By Senators Jeffares of the 17th and Ramsey, Sr. of the 43rd:
A BILL to be entitled an Act to amend an Act creating the Board of Elections and Registration of Rockdale County, approved March 29, 1995 (Ga. L. 1995, p. 3929), so as to revise procedures relating to appointment of the atlarge member; 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 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 523. By Senator Balfour of the 9th:
A BILL to be entitled an Act to amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), and an Act approved August 17, 2001 (Ga. L. 2001 Ex. Sess., p. 203), so as to provide for the appointment of the judges of such court; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate action thereon:

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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 following Senate substitute was read:
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 definitions and inclusions; to provide for the manner of election; to provide for qualifications; to provide for payment of expense allowance for attendance at meetings; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"SECTION 1. (a) The Board of Education of Paulding County shall be composed of seven members. Any person, in order to be eligible for membership on the board, must be registered and eligible to vote for members of the General Assembly from Paulding County, must have resided in Paulding County for at least one year immediately preceding the date of election, and must reside in the education district from which such person offers as a candidate for at least six months immediately preceding the date of election. The

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members of the board shall be elected by the qualified electors of the entire county. The at-large member shall be a resident of Paulding County and shall be elected by the qualified voters of the entire county and shall represent District 7 which shall be composed of the entire county. (b) For the purpose of electing the six members of the board from education districts, Paulding County shall be divided into six education districts. One member of the board shall be elected from each such district. 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: pauldsbR-2012 Plan Type: Local Administrator: Paulding SB 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 Paulding 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 Paulding 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. Said Act is further amended by striking Section 2 in its entirety and inserting a new Section 2 to read as follows:
"SECTION 2. (a) In the event that any member elected from a district ceases to be a resident of his or her respective education district during his or her term of office, a vacancy shall be created and shall be filled in the manner as provided in this Act. All members shall be nominated and elected 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.

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(b) The members of the board 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 section. (c) The members of the Board of Education of Paulding County from Education Districts 2, 5, and 6 shall be elected in the general election in November 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. (d) The members of the Board of Education of Paulding County from Education Districts 1, 3, and 4 shall be elected in the general election in November 2012. Such members shall take office on January 1 following their election for a term of four years and until their successors are elected and qualified. (e) The member of the Board of Education of Paulding County from Education District 7 shall be elected in the general election in November 2012. Such member shall take office on January 1 following his or her election for a term of four years and until his or her successor is elected and qualified. (f) Successors to members elected under subsections (c), (d), and (e) of this section shall be elected at the general 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. (g) Education Districts 1, 2, 3, 4, 5, 6, and 7 as they exist immediately prior to the effective date of this section 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 section, such members of the board serving from former Education Districts 1, 2, 3, 4, 5, 6, and 7 shall be deemed to be serving from and representing Education Districts 1, 2, 3, 4, 5, 6, and 7, respectively, as newly described under this section."
SECTION 3. The Board of Education 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 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. The provisions of this section and Section 2 of this Act, relating to and necessary for the regular election in 2012 of members of the Board of Education of Paulding County, shall

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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 6. All laws and parts of laws in conflict with this Act are repealed.
Plan: pauldsbR-2012 Plan Type: Local Administrator: Paulding SB User: Gina
District 001 Paulding County VTD: 22303 - MOSES MIDDLE SC VTD: 22312 - EAST PAULDING HIGH VTD: 22320 - C A ROBERTS ELEM VTD: 22323 - EAST PAULDING 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 1014 1015 1016 1017 1060 VTD: 22326 - PICKETTS MILL 120102: 2034 2035 2036 2038 2041 2042 2043
District 002 Paulding County VTD: 22301 - PAULDING CO HIGH 120501: 1038 1039 1040 1041 VTD: 22305 - HIRAM COMMUNITY 120202: 2048 2058 2059 2060 2068 2069 2070 2071 2072 120501: 2026 2027 2028 2029 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2056 2057 2058 2059 2060 2064 2065 2066 2067 2068 2069 2073 2074 2075 2076 2077 2078 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 120503:

MONDAY, MARCH 26, 2012
2000 2009 2010 2018 120603: 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 2000 2001 2002 2003 2007 VTD: 22315 - DOBBINS MIDDLE VTD: 22316 - PANTER ELEMENTARY 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 1042 1043 2079 2080 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 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2013 2014 2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 VTD: 22327 - AUSTIN MIDDLE SCHOOL 120602: 2009 2010 2011 2012 4008
District 003 Paulding County VTD: 22301 - PAULDING CO HIGH 120302: 2042 2043 2044 2045 2046 2064 2065 2066 2067 2071 2072 2073 2074 2075 2076 2077 2078 2079 2089 2090 2091 2092 3130 3131 3133 3134 3135 3151 3152 3153 3154 3155 3156 3157 4043 4048 4049 4050 4051 4052 4053 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 120501: 1031 1032 1033 1034 VTD: 22302 - DALLAS FIRST UM 120302: 2086 2087 2088 3036 3038 3045 3046 3047 3048 3049 3050 3051 3052 3053 3058 3063 3064 3065 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

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3132 3136 3137 3138 3139 3140 3141 3143 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: 22304 - MCGARITY ELEM VTD: 22305 - HIRAM COMMUNITY 120202: 2009 2044 2047 2049 2066 2067 VTD: 22318 - ALLGOOD VTD: 22324 - DALLAS 1ST BAPTIST 120301: 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 1061 1062 1063 1064 1065 1066 1067 2003 2010 2011 2012 2013 2014 2015 2016 2017 2018 2024 120302: 4038 4039 4040 4041 4044 4045 4046 4047 VTD: 22328 - HOPE CHURCH
District 004 Paulding County VTD: 22306 - P B RITCH ELEM VTD: 22307 - SOUTH PAULDING 120502: 4001 4002 4011 120605: 1006 1007 1008 1009 1019 1020 1021 1022 1031 1050 VTD: 22314 - NEBO ELEMENTARY VTD: 22319 - HIRAM HIGH 120503: 1032 VTD: 22321 - BETHANY CHRIST CHURCH VTD: 22327 - AUSTIN MIDDLE SCHOOL 120602: 1000 1001 1002 1003 1004 1005 1006 2001 2003 4000 4001 4002 4003 4004 4005 4006 4007 4009 120605: 1024 1025 1026 1027 1028 1040 1041 1042 1064

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District 005 Paulding County VTD: 22302 - DALLAS FIRST UM 120302: 1008 1009 1011 3008 3009 3010 3012 3016 3017 3019 3022 3023 3025 3027 3028 3029 3030 3031 3032 3033 3037 3039 3040 3041 3042 3043 3044 3054 3055 3056 3057 3060 3061 3062 3068 3069 3070 3077 3078 3081 3082 3083 3084 3085 3086 3087 3145 3158 4000 4001 4002 4003 4004 4005 4006 4007 4018 4068 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 1032 1033 1034 VTD: 22308 - UNION ELEMENTARY VTD: 22309 - BEULAHLAND BAPTIST VTD: 22313 - NORTHSIDE ELEMENTARY VTD: 22317 - NEW GEORGIA BAPTIST VTD: 22325 - POOLE ELEMENTARY

District 006 Paulding County VTD: 22310 - MCCLURE MIDDLE VTD: 22311 - SHELTON ELEMENTARY VTD: 22322 - RUSSOM ELEMENTARY VTD: 22326 - PICKETTS MILL 120101: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 120102: 2006 2007 2008 2009 2011 2014 2015 2016 2017 2018 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2037

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

On the passage of the Bills, and on the agreement to the Senate substitute, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison

Y Davis Y Dawkins-Haigler Y Dempsey

Heckstall Y Hembree E Henson

Y Mayo Y McBrayer Y McCall

Y Setzler Y Shaw Y Sheldon

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Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell
Benfield Y Benton 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
Coomer Y Cooper
Crawford

E Dickerson Y Dickey Y Dickson Y Dobbs
Dollar Y Drenner Y Dudgeon E Dukes Y Dunahoo Y Dutton
Ehrhart Y England
Epps, C Y Epps, J Y Evans
Floyd Y Fludd
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 Y Hatfield Y Heard

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

Y McKillip Y Meadows Y Mitchell Y Morgan E Morris Y Mosby
Murphy E Neal, J
Neal, Y Y Nimmer Y Nix Y 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 E Randall Y Reece
Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S

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 E Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R N Taylor, T Y Teasley Y Thomas Y Waites 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

On the passage of the Bills, and on the agreement to the Senate substitute, the ayes were 134, nays 2.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute.

Representatives Braddock of the 19th and Maddox of the 172nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

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SB 110. By Senators Murphy of the 27th, Bulloch of the 11th, Miller of the 49th, Gooch of the 51st, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Code Section 12-8-25.3 of the Official Code of Georgia Annotated, relating to further restrictions on municipal solid waste landfill sites within significant ground-water recharge areas or near military air space used as a bombing range and untreated municipal sewage sludge, so as to repeal certain provisions relating to restrictions on municipal solid waste landfill sites within significant ground-water recharge areas; to eliminate a reference to such provisions; 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 527. By Senator Crosby of the 13th:
A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5349), so as to change the description of the education districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; 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 effective dates; to repeal conflicting laws; and for other purposes.
SB 528. By Senator Crosby of the 13th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4992), 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 related matters; 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 effective dates; to repeal conflicting laws; and for other purposes.
SB 529. By Senator Rogers of the 21st:
A BILL to be entitled an Act to provide for expanded powers and duties of the Cherokee County Development Authority; to provide a statement of authority;

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to provide that such authority may acquire structures for use as an office, a warehouse, a regional commercial development, or a research and development facility; to repeal conflicting laws; and for other purposes.
SB 530. By Senator Jeffares of the 17th:
A BILL to be entitled an Act to provide a new charter for the City of Mansfield; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
SB 532. By Senators Millar of the 40th, Carter of the 42nd, Thompson of the 5th and Ramsey, Sr. of the 43rd:
A BILL to be entitled an Act to amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 533. By Senator Loudermilk of the 52nd:
A BILL to be entitled an Act to provide for nonpartisan judicial elections in Floyd County; to provide that the judge of the Probate Court of Floyd County and the chief magistrate of Floyd County shall be elected in nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 297. By Representatives Maxwell of the 17th, Meadows of the 5th, Benton of the 31st, Brooks of the 63rd, Buckner of the 130th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that public retirement systems shall be prohibited from expending or obligating funds for certain purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 386. By Representatives Channell of the 116th, O`Neal of the 146th, Jones of the 46th and Peake of the 137th:
A BILL to be entitled an Act to amend Titles 48, 2, 28, 33, 36, 46, and 50 of the O.C.G.A., relating respectively, to revenue and taxation, agriculture, the General Assembly, insurance, local government, public utilities, and state government, so as to provide for comprehensive revision of the revenue structure of the State of Georgia; to implement the recommendations of the 2010 Special Council on Tax Reform and Fairness for Georgians as provided for and required by Chapter 12 of the Title 28 of the O.C.G.A.; to repeal Article 3 of Chapter 5 of Title 28, relating to fiscal bills generally; to amend certain titles of the O.C.G.A. so as to correct certain cross-references and make conforming changes; and for other purposes.
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 three-tier 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.
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 regulations; to authorize the acceptance of certain assignment of benefits; to repeal conflicting laws; and for other purposes.
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

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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.
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.
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.
HB 1225. By Representative Powell of the 171st:
A BILL to be entitled an Act to authorize the governing authority of the City of Moultrie to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1239. By Representative Dutton of the 166th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3922), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3802), so as to change the description of the education

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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 1240. By Representative Dutton of the 166th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Tattnall County, approved August 8, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3916), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3833), 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 1242. By Representatives Rogers of the 26th, Dunahoo of the 25th, Collins of the 27th and Benton of the 31st:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4941), 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 related matters; 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 effective dates; to repeal conflicting laws; and for other purposes.
HB 1243. By Representative Dutton of the 166th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), and an Act approved May 11, 2009 (Ga. L. 2009, p. 4304), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
HB 1244. By Representatives Setzler of the 35th, Ehrhart of the 36th, Wilkerson of the 33rd, Johnson of the 37th, Manning of the 32nd and others:

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A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by home rule amendment filed in the office of Secretary of State September 22, 2009 (Ga. L. 2010, p. 4239), and as amended by an Act approved April 20, 2011 (Ga. L. 2011, p. 3645), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
HB 1245. By Representatives Powell of the 29th and Harden of the 28th:
A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Franklin County and to provide for its powers and duties, approved May 1, 2008 (Ga. L. 2008, p. 3632), so as to stagger the terms of the members of the board; 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 1248. By Representatives Bryant of the 160th and Purcell of the 159th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Garden City ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1249. By Representative Reece of the 11th:
A BILL to be entitled an Act to provide a new charter for the Town of Lyerly; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 1250. By Representatives Meadows of the 5th and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act to create the board of elections of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4009), so as to

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create the Murray County Board of Elections and Registration; to change the manner of selection of members of the board of elections and registration; to provide for certain qualifications for members of the board; to provide for the certification of appointments; to provide for filling of vacancies; to provide for oaths of office; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1251. By Representative Pruett of the 144th:
A BILL to be entitled an Act to provide for the membership of the Dodge County - Eastman Development Authority; to provide a statement of authority; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.
HB 1252. By Representative Pruett of the 144th:
A BILL to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4294), so as to change the method of appointing the members of the authority; to repeal conflicting laws; to provide for an effective date; and for other purposes.
HB 1253. By Representatives Smith of the 168th, Sims of the 169th and Roberts of the 154th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3902), 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 1254. By Representatives Smith of the 168th, Sims of the 169th and Roberts of the 154th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3896), so as to change the description of the commissioner districts;

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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 Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 181. By Representatives Golick of the 34th, Coleman of the 97th, Casas of the 103rd, Lindsey of the 54th, Nix of the 69th and others:
A BILL to be entitled an Act to amend Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the scholarship program for special needs students, so as to provide for the waiver of one of the scholarship requirements under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 272. By Representatives Weldon of the 3rd, Lane of the 167th, Bryant of the 160th, Atwood of the 179th, Huckaby of the 113th and others:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court administration, so as to delete provisions relative to a rehearing on the order of an associate juvenile court judge; to repeal conflicting laws; and for other purposes.
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.
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

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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.
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.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 1161. By Representatives Buckner of the 130th, Hugley of the 133rd, Smyre of the 132nd and Hooks of the 14th:
A RESOLUTION compensating Mr. James A. Cauley and providing for a state income tax exclusion with respect to such compensation; and for other purposes.
HR 1978. By Representative O`Neal of the 146th:
A RESOLUTION relative to adjournment; and for other purposes.
The Senate has adopted as amended, by the requisite constitutional majority, the following resolution of the House:
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.

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By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 527. By Senator Crosby of the 13th:
A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5349), so as to change the description of the education districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; 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 effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 528. By Senator Crosby of the 13th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4992), 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 related matters; 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 effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 529. By Senator Rogers of the 21st:
A BILL to be entitled an Act to provide for expanded powers and duties of the Cherokee County Development Authority; to provide a statement of authority; to provide that such authority may acquire structures for use as an office, a warehouse, a regional commercial development, or a research and development facility; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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SB 530. By Senator Jeffares of the 17th:
A BILL to be entitled an Act to provide a new charter for the City of Mansfield; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 532. By Senators Millar of the 40th, Carter of the 42nd, Thompson of the 5th and Ramsey, Sr. of the 43rd:
A BILL to be entitled an Act to amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 533. By Senator Loudermilk of the 52nd:
A BILL to be entitled an Act to provide for nonpartisan judicial elections in Floyd County; to provide that the judge of the Probate Court of Floyd County and the chief magistrate of Floyd County shall be elected in nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
The following members were recognized during the period of Morning Orders and addressed the House:
Representatives Manning of the 32nd, Maxwell of the 17th, Mayo of the 91st, Davis of the 109th, Harden of the 147th, Wilkerson of the 33rd, Holmes of the 125th, Neal of the 1st, Weldon of the 3rd, Powell of the 29th, and Dobbs of the 53rd.

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Pursuant to HR 1979, the House commended Mr. Howard H. "Bo" Callaway and invited him to be recognized by the House of Representatives.
Pursuant to HR 1876, the House commended Sheriff Ronald Strength on the occasion of his retirement and invited him to be recognized by the House of Representatives.
Pursuant to HR 2016, the House commended William H. "Bill" Hecht and invited him to be recognized by the House of Representatives.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 2016. By Representatives Stephens of the 164th and Ehrhart of the 36th:
A RESOLUTION commending William H. "Bill" Hecht 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 2016 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1876. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd, Frazier of the 123rd and Sims of the 119th:
A RESOLUTION commending Sheriff Ronald Strength on the occasion of his retirement and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 1979. By Representatives Smith of the 129th, Ralston of the 7th, Wilkinson of the 52nd, Holmes of the 125th and Harbin of the 118th:
A RESOLUTION commending Mr. Howard H. "Bo" Callaway and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 2016. By Representatives Stephens of the 164th and Ehrhart of the 36th:
A RESOLUTION commending William H. "Bill" Hecht and inviting him to be recognized by the House of Representatives; and for other purposes.

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Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 368. By Senators Carter of the 1st, Ligon, Jr. of the 3rd, Millar of the 40th and Jackson of the 2nd:
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 provide for continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; 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 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; to provide for inactive licenses; to add mandatory reporting provisions for nurses; 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 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by revising Code Section 43-26-9, relating to the biennial renewal of licenses, voluntary surrender or failure to renew a license, and restoration and reissuance of a license, as follows:
"43-26-9. (a) Licenses issued under this article shall be renewed biennially according to schedules and fees approved by the board. (b) A renewed license shall be issued to a registered professional nurse or licensed undergraduate nurse who remits the required fee and complies with requirements established by the board. (b.1) Beginning with the 2015 license renewal cycle, an applicant for license renewal shall also meet one of the following continuing competency requirements during the previous licensure period:
(1) Completion of 30 continuing education hours by a board approved provider; (2) Maintenance of certification or recertification by a national certifying body recognized by the board;

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(3) Completion of an accredited academic program of study in nursing or a related field recognized by the board; (4) Verification of competency by a facility licensed under Title 31 or by a physician's office that is part of a health system and at least 500 hours practiced as evidenced by employer certification on a form approved by the board; or (5) Other activities as prescribed and approved by the board that show competency in the nursing field. Failure to meet the minimum continuing competency requirement for renewal of a license shall be grounds for denial of a renewal application. The board may waive or modify the continuing competency requirement stated by rule or regulation in cases of hardship, disability, illness, or under such other circumstances as the board, in its discretion, deems appropriate. (c) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement at the discretion of the board. The board may restore and reissue a license and, as a condition thereof, may impose any disciplinary sanction provided by Code Section 43-1-19 or 43-26-11 or Code Section 43-1-19."
SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"43-26-9.1. (a) A person who notifies the board on forms prescribed thereby may elect to place his or her license on an inactive status and shall, subject to rules of the board, be excused from payment of renewal fees until he or she notifies the board of his or her desire to resume active status. (b) A person who has had his or her license on inactive status may have his or her license restored by submitting an application to the board on a form prescribed by the board and paying the required restoration fee. The board shall require evidence of competency to resume the practice of nursing as a registered professional nurse in order to restore the license to active status. (c) A registered professional nurse or advanced practice registered nurse whose license is on inactive status shall not practice nursing as a registered professional nurse or an advanced practice registered nurse in this state. (d) The board shall provide at least 180 days prior notice to a registered professional nurse or advanced practice registered nurse whose license will be in inactive status for a period of 60 months from the date the license was placed in inactive status to provide notice to such nurse that he or she may be subject to a requirement to complete a reinstatement program prior to restoration of his or her license. Such notice may be provided by electronic means or by United States mail to the last known e-mail or mailing address of such nurse."
SECTION 3. Said chapter is further amended by adding a new article to read as follows:

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"ARTICLE 3
43-26-50. As used in this article, the term:
(1) 'Board' means the Georgia Board of Nursing, with respect to registered professional nurses, and the Georgia Board of Examiners of Licensed Practical Nurses, with respect to licensed practical nurses. (2) 'Nurse' means a registered professional nurse licensed pursuant to Article 1 of this chapter or a licensed practical nurse licensed pursuant to Article 2 of this chapter.
43-26-51. A nurse shall report names of subject individuals to the applicable board if the nurse has reasonable cause to believe that any other nurse has violated any of the grounds for discipline provided for in Code Section 43-26-53. A nurse need not duplicate a report if he or she has reasonable cause to believe that such report has been made to the applicable board. A licensed health care professional shall not be required to report a nurse to the board under this Code section as a result of professional knowledge obtained in the course of the health care professional-patient relationship when the nurse is the patient.
43-26-52. (a) Hospitals, nursing homes, temporary staffing agencies, and other employers of registered professional nurses, licensed practical nurses, or advanced practice registered nurses shall report to the applicable board, or ensure that such report has in fact been made to such board, the name of any licensee whose employment has been terminated or who has resigned in order to avoid termination for any reasons stipulated in Code Section 43-26-53. (b) A state agency that licenses, registers, or certifies a hospital, nursing home, home health agency, or other type of health care facility, or surveys one of these facilities or agencies, shall report to the applicable board when such state agency has evidence that a nurse has violated Code Section 43-26-53 or ensure that such a report has in fact been made to such board. (c) In the event a nurse enters a voluntary alternative to discipline program approved by the board, reporting to the applicable board shall not be required for such nurse by a person under this Code section. The applicable boards shall approve alternative to discipline programs for monitoring of nurses who agree to seek treatment for impairment by chemical dependency or mental illness that could lead to disciplinary action by the board. (d) The applicable board shall inform, in the manner such board determines appropriate, nurses, facilities, agencies, and other persons of their duty to report under this article.

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43-26-53. (a) The following incidents shall be reported to the applicable board in the event any person is:
(1) Practicing nursing as a registered professional nurse or a licensed practical nurse, without a valid, current license, except as otherwise permitted under Code Section 4326-12 or 43-26-41, as applicable; (2) Practicing nursing as a registered professional nurse or a licensed practical nurse under cover of any diploma, license, or record illegally or fraudulently obtained, signed, or issued; (3) Practicing nursing as a registered professional nurse or a licensed practical nurse during the time the license is suspended, revoked, surrendered, or administratively revoked for failure to renew; (4) Using any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse, advanced practice registered nurse, or licensed practical nurse unless such person is duly licensed or recognized by the applicable board so to practice under the provisions of this chapter; (5) Fraudulently furnishing a license to practice nursing as a registered professional nurse or licensed practical nurse; (6) Knowingly aiding or abetting any person to violate this chapter; (7) While holding a license as a nurse, convicted of any felony, crime involving moral turpitude, or crime violating a federal or state law relating to controlled substances or dangerous drugs in the courts of this state, any other state, territory, or country, or in the courts of the United States, including but not limited to a plea of nolo contendere entered to the charge; or (8) While holding a license as a nurse, displaying or has displayed an inability to practice nursing as a registered professional nurse, licensed undergraduate nurse, or licensed practical nurse with reasonable skill and safety due to use of alcohol, drugs, narcotics, or chemicals. (b) Minor incidents, as defined by the applicable board, shall not be required to be reported pursuant to this article when the continuing practice by the subject nurse does not pose a risk of harm to a patient or others and can be addressed through corrective action by the nurse's employer. The applicable board shall adopt rules governing reporting of minor incidents. The applicable board may evaluate a complaint and determine that it is a minor incident under this Code section.
43-26-54. The applicable board may seek an order from a court of competent jurisdiction for a report from any of the parties stipulated in Code Section 43-26-51 if one is not forthcoming voluntarily. The applicable board may seek a citation for civil contempt if a court order for a report is not obeyed by any of the parties stipulated in Code Section 43-26-51.

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43-26-55. (a) No nurse, hospital, nursing home, temporary staffing agency, employer, or other person required to report a nurse to the applicable board under this article, who, in good faith, either reports or fails to report, shall be subject to civil or criminal liability or discipline for unprofessional conduct for such action or inaction. (b) A physician or other licensed health care professional who, at the request of the applicable board, examines a nurse shall be immune from suit for damages by the nurse examined if the examining physician or examining health care professional conducted the examination and made findings or diagnoses in good faith."

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

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y 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 Davis 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 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 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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S E Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long E Maddox, B

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 Y Oliver Y O'Neal
Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey E Randall Y Reece Y Rice Y Riley Y Roberts

E Setzler Y Shaw Y Sheldon Y Sims, B
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 E Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C

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Y Collins Y Cooke
Coomer Y Cooper
Crawford

Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

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

Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S

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.

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

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.

The following Committee substitute was read and adopted:

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 remove bond requirements for certain personnel; 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding a new chapter to read as follows:
"CHAPTER 15 ARTICLE 1
25-15-1. (a) The office of Safety Fire Commissioner shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Labor in effect on June 30, 2012, or scheduled to go into effect on or after July 1, 2012, and which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Labor in effect on June 30, 2012, which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the office of Safety Fire Commissioner by proper authority or as otherwise provided by law. (b) Any proceedings or other matters pending before the Department of Labor or Commissioner of Labor on June 30, 2012, which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 shall be transferred to the office of Safety Fire Commissioner on July 1, 2012. (c) The rights, privileges, entitlements, obligations, 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, 2012, by the Department of Labor which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 shall continue to exist; and none of these rights, privileges, entitlements, obligations, and duties are impaired or diminished by reason of the transfer of the functions to the office of Safety Fire Commissioner. In all such instances, the office of Safety Fire Commissioner shall be substituted for the Department of Labor, and the office of Safety Fire Commissioner shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Labor in capacities which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 on June 30, 2012, shall, on July 1, 2012, become employees of the office of Safety Fire Commissioner in similar capacities, as determined by the Commissioner of Insurance. Such employees shall be subject to the employment practices and policies of the office of Safety Fire Commissioner on and after July 1, 2012, but the compensation and benefits of such transferred employees

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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 office shall retain all existing rights under the State Personnel Administration. Accrued annual and sick leave possessed by the transferred employees on June 30, 2012, shall be retained by such employees as employees of the office of Safety Fire Commissioner. (e) On July 1, 2012, the office of Safety Fire Commissioner shall receive custody of the state owned real property in the custody of the Department of Labor on June 30, 2012, and which pertains to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8. (f) The Safety Fire Commissioner shall provide a report to the House Committee on Governmental Affairs and the Senate Government Oversight Committee prior to the first day of the 2013 regular session of the Georgia General Assembly outlining the effects and results of this Code section and providing information on any problems or concerns with respect to the implementation of this Code section."
SECTION 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Chapter 11, relating to regulation of boilers and pressure vessels, and redesignating it as a new article of Chapter 15 of Title 25 as follows:
"CHAPTER 11 ARTICLE 2
34-11-1. 25-15-10. This chapter article shall be known and may be cited as the 'Boiler and Pressure Vessel Safety Act' and, except as otherwise provided in this chapter article, shall apply to all boilers and pressure vessels.
34-11-2. 25-15-11. As used in this chapter article, the term:
(1) Reserved. (2) 'Boiler' means a closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electricity, solar, or nuclear energy. The term 'boiler' shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term 'boiler' is further defined as follows:
(A) 'Heating boiler' means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit.

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(B) 'High pressure, high temperature water boiler' means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit. (C) 'Power boiler' means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. (3)(2) 'Certificate of inspection' means an inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Code Section 34-11-15 25-15-24 may be issued. (4)(3) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (5) 'Department' means the Department of Labor. (4) 'Office' means the office of Safety Fire Commissioner. (6)(5) 'Pressure vessel' means a vessel other than those vessels defined in paragraph (2)(1) of this Code section in which the pressure is obtained from an external source or by the application of heat.
34-11-3. 25-15-12. The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of boilers and pressure vessels and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter article.
34-11-4. 25-15-13. (a)(1) The Department of Labor office shall formulate definitions, rules, and regulations for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels in this state. (2) The definitions, rules, and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nation-wide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety; and the Department of Labor office may adopt an existing published codification thereof, known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, with the amendments and interpretations thereto made and approved by the council of the society, and may likewise adopt the amendments and interpretations subsequently made and published by the same authority. When so adopted, the same shall be deemed to be incorporated into and shall constitute a part of the whole of the definitions, rules, and regulations of the Department of Labor office. Amendments and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nation-wide engineering standards. (3) The Department of Labor office shall formulate the rules and regulations for the inspection, maintenance, and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter article pertaining to existing installations become effective or during the 12 month period immediately thereafter. The rules and regulations so formulated shall be

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based upon and at all times follow generally accepted nation-wide engineering standards and practices and may adopt sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors or API 510 of the American Petroleum Institute, as applicable. (b) The rules and regulations and any subsequent amendments thereto formulated by the Department of Labor office shall, immediately following a hearing upon not less than 20 days' notice as provided in this chapter article, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until 12 months after their promulgation by the Department of Labor office. Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered at the hearing. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice may be perfected by publication in a newspaper of general circulation in this state at least 20 days prior to such hearing. (c) Subsequent amendments to the rules and regulations adopted by the Department of Labor office shall be permissive immediately and shall become mandatory 12 months after their promulgation.
34-11-5. 25-15-14. No boiler or pressure vessel which does not conform to the rules and regulations of the Department of Labor office governing new construction and installation shall be installed and operated in this state after 12 months from the date upon which the first rules and regulations under this chapter article pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operating permit may at its discretion be granted by the Department of Labor office.
34-11-6. 25-15-15. (a) The maximum allowable working pressure of a boiler carrying the ASME Code symbol or of a pressure vessel carrying the ASME or API-ASME symbol shall be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the enforcement authority at the point of installation, such a boiler or pressure vessel may be rerated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code or API 510, as applicable. (b) The maximum allowable working pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME Code symbol shall be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors. (c) This chapter article shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler or pressure vessel referred to in this Code section, provided it

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has been made to conform to the rules and regulations of the department office governing existing installations and provided, further, that it has not been found upon inspection to be in an unsafe condition.
34-11-7. 25-15-16. (a) This chapter article shall not apply to the following boilers and pressure vessels:
(1) Boilers and pressure vessels under federal control or under regulations of Title 49 of the Code of Federal Regulations, Parts 192 and 193 49 C.F.R. 192 and 193; (2) Pressure vessels used for transportation and storage of compressed or liquefied gases when constructed in compliance with specifications of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation; (3) Pressure vessels located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight; (4) Air tanks installed on the right of way of railroads and used directly in the operation of trains; (5) Pressure vessels that do not exceed:
(A) Five cubic feet in volume and 250 psig pressure; or (B) One and one-half cubic feet in volume and 600 psig pressure; or (C) An inside diameter of six inches with no limitation on pressure; (6) Pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size; (7) Pressure vessels with a nominal water-containing capacity of 120 gallons or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion; (8) Pressure vessels containing water heated by steam or any other indirect means when none of the following limitations are exceeded: (A) A heat input of 200,000 BTU per hour; (B) A water temperature of 210 degrees Fahrenheit; and (C) A nominal water-containing capacity of 120 gallons; (9) Hot water supply boilers which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded: (A) Heat input of 200,000 BTU per hour; (B) Water temperature of 210 degrees Fahrenheit; and (C) Nominal water-containing capacity of 120 gallons. These exempt hot water supply boilers shall be equipped with ASME-National Board approved safety relief valves; (10) Pressure vessels in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode construction or which involve destruction or reduced life expectancy of those vessels; (11) Pressure vessels or other structures or components that are not considered to be within the scope of ASME Code, Section VIII;

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(12) Boilers and pressure vessels operated and maintained for the production and generation of electricity; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 34-11-10 25-15-19; (13) Boilers and pressure vessels operated and maintained as a part of a manufacturing process; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 25-15-19; (14) Boilers and pressure vessels operated and maintained by a public utility; and (15) Autoclaves used only for the sterilization of reusable medical or dental implements in the place of business of any professional licensed by the laws of this state. (b) The following boilers and pressure vessels shall be exempt from the requirements of subsections (b), (c), and (d) of Code Section 34-11-14 25-15-23 and Code Sections 34-11-15 25-15-24 and 34-11-16 25-15-26: (1) Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes; (2) Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units; (3) Any pressure vessel used as an external part of an electrical circuit breaker or transformer; (4) Pressure vessels on remote oil or gas-producing lease locations that have fewer than ten buildings intended for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel; (5) Pressure vessels used for storage of liquid propane gas under the jurisdiction of the state fire marshal, except for pressure vessels used for storage of liquefied petroleum gas, 2,000 gallons or above, which have been modified or altered; and (6) Air storage tanks not exceeding 16 cubic feet (120 gallons) in size and under 250 psig pressure.
34-11-8. 25-15-17. (a) The Commissioner may appoint to be chief inspector a citizen of this state or, if not available, a citizen of another state, who shall have had at the time of such appointment not less than five years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the same kind of examination as that prescribed under Code

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Section 34-11-11 25-15-20. Such chief inspector may be removed for cause after due investigation by the board and its recommendation to the Commissioner. (b) The chief inspector, if authorized by the Commissioner, is charged, directed, and empowered:
(1) To take action necessary for the enforcement of the laws of the this state governing the use of boilers and pressure vessels to which this chapter article applies and of the rules and regulations of the department office; (2) To keep a complete record of the name of each owner or user and his or her location and, except for pressure vessels covered by an owner or user inspection service, the type, dimensions, maximum allowable working pressure, age, and the last recorded inspection of all boilers and pressure vessels to which the chapter this article applies; (3) To publish in print or electronically and make available to anyone requesting them copies of the rules and regulations promulgated by the department office; (4) To issue or to suspend or revoke for cause inspection certificates as provided for in Code Section 34-11-15 25-15-24; and (5) To cause the prosecution of all violators of the provisions of this chapter article.
34-11-9. 25-15-18. The Commissioner may employ deputy inspectors who shall be responsible to the chief inspector and who shall have had at the time of appointment not less than three years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the examination provided for in Code Section 34-11-11 25-15-20.
34-11-10. 25-15-19. (a) In addition to the deputy inspectors authorized by Code Section 34-11-9 25-15-18 the Commissioner shall, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels or upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more technically competent individuals whose qualifications are satisfactory to the department office and causes said such pressure vessels to be regularly inspected and rated by such inspection service in accordance with applicable provisions of the rules and regulations adopted by the department office pursuant to Code Section 34-11-4 25-15-13, issue to any inspectors of said such insurance company certificates of competency as special inspectors and to any inspectors of said such company operating pressure vessels certificates of competency as owner or user inspectors, provided that each such inspector before receiving his or her certificate of competency shall satisfactorily pass the examination provided for by Code Section 34-11-11 25-15-20 or, in lieu of such examination, shall hold a commission or a certificate of competency as an inspector of boilers or pressure vessels for a state that has a standard of examination substantially

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equal to that of this state or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors. A certificate of competency as an owner or user inspector shall be issued to an inspector of a company operating pressure vessels in this state only if, in addition to meeting the requirements stated in this Code section, the inspector is employed full time by the company and is responsible for making inspections of pressure vessels used or to be used by such company and which are not for resale. (b) Such special inspectors or owner or user inspectors shall receive no salary from nor shall any of their expenses be paid by the state, and the continuance of their certificates of competency shall be conditioned upon their continuing in the employ of the boiler insurance company duly authorized as aforesaid or in the employ of the company so operating pressure vessels in this state and upon their maintenance of the standards imposed by this chapter article. (c) Such special inspectors or owner or user inspectors may inspect all boilers and pressure vessels insured or all pressure vessels operated by their respective companies; and, when so inspected, the owners and users of such boilers and pressure vessels shall be exempt from the payment to the state of the inspection fees as prescribed in rules and regulations promulgated by the Commissioner.
34-11-11. 25-15-20. The examination for chief, deputy, special, or owner or user inspectors shall be in writing and shall be held by the board office or by an examining board appointed in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors, with at least two members present at all times during the examination. Such examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and may be those prepared by the National Board of Boiler and Pressure Vessel Inspectors. In case an applicant fails to pass the examination, he or she may appeal to the board office for another examination which shall be given by the board office or the appointed examining board after 90 days. The record of an applicant's examination shall be accessible to said the applicant and his or her employer.
34-11-12. 25-15-21. (a) An inspector's certificate of competency may be suspended by the Commissioner after due investigation and recommendation by the office for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his or her application or in a report of any inspection made by him or her. Written notice of any such suspension shall be given by the Commissioner within not more than ten days thereof to the inspector and his or her employer. A person whose certificate of competency has been suspended shall be entitled to an appeal as provided in Code Section 34-11-19 25-15-28 and to be present in person and to be represented by counsel at the hearing of the appeal.

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(b) If the department office has reason to believe that an inspector is no longer qualified to hold his or her certificate of competency, the department office shall provide written notice to the inspector and his or her employer of the department office's determination and the right to an appeal as provided in Code Section 34-11-19 25-15-28. If, as a result of such hearing, the inspector has been determined to be no longer qualified to hold his or her certificate of competency, the Commissioner shall thereupon revoke such certificate of competency forthwith. (c) A person whose certificate of competency has been suspended shall be entitled to apply, after 90 days from the date of such suspension, for reinstatement of such certificate of competency.
34-11-13. 25-15-22. If a certificate of competency is lost or destroyed, a new certificate of competency shall be issued in its place without another examination.
34-11-14. 25-15-23. (a) The Commissioner, the chief inspector, or any deputy inspector shall have free access, during reasonable hours, to any premises in the this state where a boiler or pressure vessel is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether such boiler or pressure vessel is being constructed and installed in accordance with the provisions of this chapter article.
(b)(1) On and after January 1, 1986, each boiler and pressure vessel used or proposed to be used within this state, except for pressure vessels covered by an owner or user inspection service as described in subsection (d) of this Code section or except for boilers or pressure vessels exempt under Code Section 34-11-7 25-15-16 (owners and users may request to waive this exemption), shall be thoroughly inspected as to their construction, installation, and condition as follows:
(A) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits; otherwise, it shall be as complete an inspection as possible. Such boilers shall also be externally inspected while under pressure, if possible; (B) Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially with an internal inspection every four years where construction permits; (C) Hot water heating and hot water supply boilers shall receive a certificate inspection biennially with an internal inspection at the discretion of the inspector; (D) Pressure vessels subject to internal corrosion shall receive a certificate inspection triennially with an internal inspection at the discretion of the inspector. Pressure vessels not subject to internal corrosion shall receive a certificate of inspection at intervals set by the board office; and (E) Nuclear vessels within the scope of this chapter article shall be inspected and reported in such form and with such appropriate information as the board office shall designate.

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(2) A grace period of two months beyond the periods specified in subparagraphs (A) through (D) of this paragraph may elapse between certificate inspections. (3) The department office may provide for longer periods between certificate inspection in its rules and regulations. (4) Under the provisions of this chapter article, the department office is responsible for providing for the safety of life, limb, and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules and regulations which it has promulgated. The person conducting the inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the ASME Code. Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, such as:
(A) Previous experience, based on records of inspection, performance, and maintenance; (B) Location, with respect to personnel hazard; (C) Quality of inspection and operating personnel; (D) Provision for related safe operation controls; and (E) Interrelation with other operations outside the scope of this chapter article. Based upon documentation of such actual service conditions by the owner or user of the operating equipment, the board office may, in its discretion, permit variations in the inspection requirements. (c) The inspections required in this chapter article shall be made by the chief inspector, by a deputy inspector, by a special inspector, or by an owner or user inspector provided for in this chapter article. (d) Owner or user inspection of pressure vessels is permitted, provided the owner or user inspection service is regularly established and is under the supervision of one or more individuals whose qualifications are satisfactory to the board office and said owner or user causes the pressure vessels to be inspected in conformance with the National Board Inspection Code or API 510, as applicable. (e) If, at the discretion of the inspector, a hydrostatic test shall be deemed necessary, it shall be made by the owner or user of the boiler or pressure vessel. (f) All boilers, other than cast iron sectional boilers, and pressure vessels to be installed in this state after the 12 month period from the date upon which the rules and regulations of the board office shall become effective shall be inspected during construction as required by the applicable rules and regulations of the board office by an inspector authorized to inspect boilers and pressure vessels in this state or, if constructed outside of the state, by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors.
34-11-15. 25-15-24. (a) Each company employing special inspectors shall, within 30 days following each certificate inspection made by such inspectors, file a report of such inspection with the chief inspector upon appropriate forms as promulgated by the Commissioner. The filing

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of reports of external inspections, other than certificate inspections, shall not be required except when such inspections disclose that the boiler or pressure vessel is in a dangerous condition. (b) Each company operating pressure vessels covered by an owner or user inspection service meeting the requirements of subsection (a) of Code Section 34-11-10 25-15-19 shall maintain in its files an inspection record which shall list, by number and such abbreviated description as may be necessary for identification, each pressure vessel covered by this chapter article, the date of the last inspection of each pressure vessel, and the approximate date for the next inspection. The inspection record shall be available for examination by the chief inspector or his the chief inspector's authorized representative during business hours. (c) If the report filed pursuant to subsection (a) of this Code section shows that a boiler or pressure vessel is found to comply with the rules and regulations of the department office, the chief inspector, or his or her duly authorized representative, shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Such inspection certificate shall be valid for not more than 14 months from its date in the case of power boilers, 26 months in the case of heating and hot water supply boilers, and 38 months in the case of pressure vessels. In the case of those boilers and pressure vessels covered by subparagraphs (b)(1)(A) through (b)(1)(D) of Code Section 34-11-14 25-15-23 for which the department office has established or extended the operating period between required inspections pursuant to the provisions of paragraphs (3) and (4) of subsection (b) of Code Section 34-11-14 25-15-23, the certificate shall be valid for a period of not more than two months beyond the period set by the department office. Certificates for boilers shall be posted under glass, or similarly protected, in the room containing the boiler. Pressure vessel certificates shall be posted in like manner, if convenient, or filed where they will be readily accessible for examination. (d) No inspection certificate issued for an insured boiler or pressure vessel based upon a report of a special inspector shall be valid after the boiler or pressure vessel for which it was issued shall cease to be insured by a company duly authorized by this state to provide such insurance. (e) The Commissioner or his the Commissioner's authorized representative may at any time suspend an inspection certificate after showing cause that the boiler or pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or pressure vessel is found not to comply with the rules and regulations adopted pursuant to this chapter article. Each suspension of an inspection certificate shall continue in effect until such boiler or pressure vessel shall have been made to conform to the rules and regulations of the department office and until said such inspection certificate shall have been reinstated. (f) The Commissioner or his the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of a boiler or pressure vessel if it has been determined after inspection to be hazardous or unsafe. Operations shall not

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resume until such conditions are corrected to the satisfaction of the Commissioner or his or her authorized representative.
34-11-15.1. 25-15-25. (a) Boilers and pressure vessels, subject to operating certificate inspections by special, or owner, or user, inspectors, shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each boiler or pressure vessel not inspected.
(b)(1) Inspection fees due on boiler and pressure vessels subject to inspection by the chief or deputy inspectors or operating certificate fees due from inspections performed by special, or owner or user, inspectors shall be paid within 60 calendar days of completion of such inspections. (2) Inspection fees or operating certificate fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner. (c) The Commissioner may waive the collection of the penalties and interest assessed as provided in subsections (a) and (b) of this Code section when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department office.
34-11-16. 25-15-26. After 12 months for power boilers, 24 months for low pressure steam heating, hot water heating, and hot water supply boilers, and 36 months for pressure vessels following July 1, 1984, it It shall be unlawful for any person, firm, partnership, or corporation to operate in this state a boiler or pressure vessel, except a pressure vessel covered by owner or user inspection service as provided for in Code Section 34-11-15 25-15-24, without a valid inspection certificate. The operation of a boiler or pressure vessel without such inspection certificate or at a pressure exceeding that specified in such inspection certificate or in violation of this chapter article shall constitute a misdemeanor.
34-11-17. 25-15-27. The owner or user of a boiler or pressure vessel required by this chapter article to be inspected by the chief inspector or his a deputy inspector shall pay directly to the chief inspector, upon completion of inspection, fees as prescribed in rules and regulations promulgated by the Commissioner; provided, however, that, with respect to pressure vessel certificates of inspection, such fees shall not exceed $10.00 per annum. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Commissioner of Labor Safety Fire Commissioner.

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34-11-18. The chief inspector shall furnish a bond in the sum of $5,000.00 and each of the deputy inspectors employed and paid by the state shall furnish a bond in the sum of $2,000.00 conditioned upon the faithful performance of their duties and upon a true account of moneys handled by them, respectively, and the payment thereof to the proper recipient.
34-11-19. 25-15-28. (a) Any person aggrieved by an order or an act of the Commissioner or the chief inspector under this chapter article may, within 15 days of notice thereof, request a hearing before an administrative law judge of the department office of State Administrative Hearings, as provided by Code Section 50-13-41. (b) Any person aggrieved by a decision of an administrative law judge may file an appeal pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
34-11-20. 25-15-29. No county, municipality, or other political subdivision shall have the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of boilers and pressure vessels within the limits of such county, municipality, or other political subdivision; and any such laws, ordinances, or resolutions heretofore made or passed shall be void and of no effect.
34-11-21. 25-15-30. Neither this chapter article nor any provision of this chapter article shall be construed to place any liability on the State of Georgia, the department office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to boilers and pressure vessels and any injury or damages arising therefrom.
34-11-22. In the event any Code section, subsection, sentence, clause, or phrase of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other Code sections, subsections, sentences, clauses, or phrases of this chapter, which shall remain of full force and effect, as if the Code section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this chapter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional."
SECTION 3. Said title is further amended by revising Chapter 12, relating to amusement ride safety, and redesignating it as a new article of Chapter 15 of Title 25 to read as follows:

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"CHAPTER 12 ARTICLE 3
34-12-1. 25-15-50. This chapter article shall be known and may be cited as the 'Amusement Ride Safety Act.'
34-12-2. 25-15-51. As used in this chapter article, the term:
(1) Reserved. (2)(1) 'Amusement ride' means any mechanical device, other than those regulated by the Consumer Products Safety Commission, which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is not permanently fixed to a site. (3)(2) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his or her duty by the owner or his or her representative. (3.1)(3) 'Certificate fee' means the fee charged by the department office for a certificate to operate an amusement ride. (4) 'Certificate of inspection' means a certificate issued by a licensed inspector that an amusement ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant thereto. (5) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter and to formulate and enforce standards and regulations. (7)(6) 'Licensed inspector' means a registered professional engineer or any other person who is found by the department office to possess the requisite training and experience to perform competently the inspections required by this chapter article and who is licensed by the department office to perform inspections of amusement rides. (8)(7) 'Operator' means a person or persons actually engaged in or directly controlling the operation of an amusement ride. (8) 'Office' means the office of Safety Fire Commissioner, which is designated to enforce the provisions of this article and to formulate and enforce standards and regulations. (9) 'Owner' means a person, including the state or any of its subdivisions, who owns an amusement ride or, in the event that the amusement ride is leased, the lessee. (10) 'Permit' means a permit to operate an amusement ride issued to an owner by the department office. (11) 'Permit fee' means the fee charged by the department office for a permit to operate an amusement ride. (12) 'Standards and regulations' means those standards and regulations formulated and enforced by the department office.

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34-12-3. 25-15-52. The Commissioner shall be authorized to consult with persons knowledgeable in the area of the amusement ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter article.
34-12-4. Reserved.
34-12-5. 25-15-53. (a) The department office shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all amusement rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' It is recognized that risks presented to the general public by amusement rides which are frequently assembled and disassembled are different from those presented by amusement rides which are not frequently assembled and disassembled. Accordingly, the department office is authorized to formulate different standards and regulations with regard to such differing classes of amusement rides. (b) The department office shall:
(1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect amusement rides; (3) Issue permits upon compliance with this chapter article and such standards and regulations adopted pursuant to this chapter article; and (4) Establish a fee schedule for the issuance of permits for amusement rides.
34-12-6. 25-15-54. The department office may license such private inspectors as may be necessary to carry out the provisions of this chapter article.
34-12-7. 25-15-55. (a) No amusement ride shall be operated, except for purposes of testing and inspection, until a permit for its operation has been issued by the department office. The owner of an amusement ride shall apply for a permit to the department office on a form furnished by the department office providing such information as the department office may require. (b) No such application shall be complete without including a certificate of inspection from a licensed inspector that the amusement ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant thereto. The cost of obtaining the certificate of inspection from a licensed inspector shall be borne by the owner or operator.

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34-12-8. 25-15-56. (a) All amusement rides shall be inspected annually, and may be inspected more frequently, by a licensed inspector at the owner's or operator's expense. If the amusement ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant to this chapter article, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new amusement rides shall be inspected before commencing public operation. (b) Amusement rides and attractions may be required to be inspected by an authorized person each time they are assembled or disassembled in accordance with regulations and standards established under this chapter article.
34-12-9. 25-15-57. The department office may waive the requirement of subsection (a) of Code Section 3412-8 25-15-56 if the owner of an amusement ride gives satisfactory proof to the department office that the amusement ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such an amusement ride are at least as stringent as those adopted pursuant to this chapter article.
34-12-10. 25-15-58. The department office shall issue a permit to operate an amusement ride to the owner thereof upon successful completion of a safety inspection of the amusement ride conducted by a licensed inspector and upon receiving an application for permit with a certificate of insurance. The permit shall be valid for the calendar year in which issued.
34-12-11. 25-15-59. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each amusement ride in accordance with such standards and regulations as are adopted pursuant to this chapter article. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions.
34-12-12. 25-15-60. No person shall be permitted to operate an amusement ride unless he or she is at least 16 years of age. An operator shall be in attendance at all times that an amusement ride is in operation and shall operate no more than one amusement ride at any given time.
34-12-13. 25-15-61. The owner of the amusement ride shall report to the department office any accident resulting in a fatality or an injury requiring immediate inpatient overnight hospitalization incurred during the operation of any amusement ride. The report shall

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be in writing, shall describe the nature of the occurrence and injury, and shall be mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department office in person or by phone in accordance with regulations adopted by the department office.
34-12-14. 25-15-62. (a) No person shall operate an amusement ride unless at the time there is in existence:
(1) A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contractor) against liability for injury to persons arising out of the operation of the amusement ride; (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the department office. (b) Regulations under this chapter article shall permit appropriate deductibles or selfinsured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department office.
34-12-15. 25-15-63. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter article, or if any person is aggrieved by any order issued by the department office, the person may make a written application to the department office stating his or her grounds and applying for a variance. The department office may grant such a variance in the spirit of the provisions of this chapter article with due regard to the public safety. The granting or denial of a variance by the department office shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department office and such record shall be open to inspection by the public.
34-12-16. 25-15-64. This chapter article shall not apply to any single-passenger coin operated amusement ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides.
34-12-17. 25-15-65. This chapter article shall not be construed so as to prevent the use of any existing amusement ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter article. Owners of amusement rides in operation on or before the effective date of this chapter article shall comply with the provisions of this chapter article and the standards and regulations adopted pursuant to this chapter article within six months after the adoption of said such standards and regulations.

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34-12-18. 25-15-66. (a) The Commissioner or his the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of an amusement ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his the Commissioner's authorized representative. (b) In the event that an owner or operator knowingly allows the operation of an amusement ride after the issuing of a temporary cessation, the Commissioner or his the Commissoner's authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this chapter article.
(c)(1) Any person, firm, partnership, or corporation violating the provisions of this chapter article shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. (2) In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the department office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this chapter article and the rules and regulations promulgated under this chapter article. The imposition of a penalty for a violation of this chapter article or the rules and regulations promulgated under this chapter article shall not excuse the violation or permit it to continue.
34-12-19. 25-15-67. The owner or operator of an amusement ride may deny entry to a person to an amusement ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section will shall permit an owner or operator to deny an inspector access to an amusement ride when such inspector is acting within the scope of his or her duties under this chapter article.
34-12-20. 25-15-68. Neither this chapter article nor any provision of this chapter article shall be construed to place any liability on the State of Georgia, the department office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to amusement rides and any injury or damages arising therefrom.
34-12-21. 25-15-69. No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of amusement rides within the limits of such county, municipality, or other political subdivision. Any such ordinances,

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resolutions, or other requirements heretofore passed shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to amusement rides or their time of operation or noise levels generated. Nothing in this chapter article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48."
SECTION 4. Said title is further amended by revising Chapter 13, relating to carnival ride safety, and redesignating it as a new article of Chapter 15 of Title 25, as follows:
"CHAPTER 13 ARTICLE 4
34-13-1. 25-15-80. This chapter article shall be known and may be cited as the 'Carnival Ride Safety Act.'
34-13-2. 25-15-81. As used in this chapter article, the term:
(1) Reserved. (2)(1) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his or her duty by the owner or the owner's representative. (3)(2) 'Carnival ride' means any mechanical device, other than amusement rides regulated under Chapter 12 Article 3 of this title chapter, known as the 'Amusement Ride Safety Act,' which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is permanently fixed to a site. (3.1)(3) 'Certificate fee' means the fee charged by the department office for a certificate to operate a carnival ride. (4) 'Certificate of inspection' means a certificate issued by a licensed inspector that a carnival ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant thereto. (5) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter and to formulate and enforce standards and regulations. (7)(6) 'Licensed inspector' means a registered professional engineer or any other person who is found by the department office to possess the requisite training and experience to perform competently the inspections required by this chapter article and who is licensed by the department office to perform inspections of carnival rides.

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(7) 'Office' means the office of Safety Fire Commissioner, which is designated to enforce the provisions of this article and to formulate and enforce standards and regulations. (8) 'Operator' means a person or persons actually engaged in or directly controlling the operation of a carnival ride. (9) 'Owner' means a person, including the state or any of its subdivisions, who owns a carnival ride or, in the event that the carnival ride is leased, the lessee. (10) 'Permit' means a permit to operate a carnival ride issued to an owner by the department office. (11) 'Permit fee' means the fee charged by the department office for a permit to operate a carnival ride. (12) 'Standards and regulations' means those standards and regulations formulated and enforced by the department office.
34-13-3. 25-15-82. The Commissioner shall be authorized to consult with persons knowledgeable in the area of the carnival ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter article.
34-13-4. Reserved.
34-13-5. 25-15-83. (a) The department office shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' No rule, regulation, or standard promulgated or adopted pursuant to this chapter article shall become effective prior to January 1, 1987. (b) The department office shall:
(1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect carnival rides; and (3) Issue permits upon compliance with this chapter article and such standards and regulations adopted pursuant to this chapter article. (c) The owner or operator of a carnival ride required to be inspected shall pay fees as prescribed in rules and regulations promulgated by the Commissioner. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Commissioner of Labor Safety Fire Commissioner.

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34-13-6. 25-15-84. The department office may license such private inspectors as may be necessary to carry out the provisions of this chapter article.
34-13-7. 25-15-85. No carnival ride shall be operated in any calendar year, except for purposes of testing and inspection, until a permit for its operation has been issued by the department office. The owner of a carnival ride shall apply for a permit to the department office on a form furnished by the department office, providing such information as the department office may require.
34-13-8. 25-15-86. All carnival rides and attractions shall be inspected annually and may be inspected more frequently by the Office of Safety Engineering of the department a licensed inspector at the owner's or operator's expense. If the carnival ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant to this chapter article, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new carnival rides shall be inspected before commencing public operation.
34-13-9. 25-15-87. The department office may waive the requirement of Code Section 34-13-8 25-15-86 if the owner of a carnival ride gives satisfactory proof to the department office that the carnival ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such a carnival ride are at least as stringent as those adopted pursuant to this chapter article.
34-13-10. 25-15-88. The department office shall issue a permit to operate a carnival ride to the owner thereof upon successful completion of a safety inspection by a licensed inspector, upon completion by the owner of the application for a permit, and upon presentation of a certificate of inspection or waiver thereof by the department office. The permit shall be valid for the calendar year in which issued.
34-13-11. 25-15-89. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each carnival ride in accordance with such standards and regulations as are adopted pursuant to this chapter article. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions.

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34-13-12. 25-15-90. (a) No person shall be permitted to operate a carnival ride unless he or she is at least 16 years of age. An operator shall be in attendance at all times that a carnival ride is in operation and shall operate no more than one carnival ride at any given time. (b) No carnival ride shall be operated at standards below those recommended by the manufacturer of such carnival ride or below the standards adopted or variants approved by the department office, whichever is greater.
34-13-13. 25-15-91. The owner of the carnival ride shall report to the department office any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requiring medical attention from a licensed medical facility. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be delivered in person or mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department office in person or by phone in accordance with regulations adopted by the department office.
34-13-14. 25-15-92. (a) No person shall operate a carnival ride unless at the time there is in existence:
(1) A policy of insurance in an amount not less than $1 million (if an independent contractor) against liability for injury to persons arising out of the operation of the carnival ride; (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the department office. (b) Regulations under this chapter article shall permit appropriate deductibles or selfinsured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department office.
34-13-15. 25-15-93. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter article, or if any person is aggrieved by any order issued by the department office, the person may make a written application to the department office stating his or her grounds and applying for a variance. The department office may grant such a variance in the spirit of the provisions of this chapter article with due regard to the public safety. The granting or denial of a variance by the department office shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department office and such record shall be open to inspection by the public.

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34-13-16. 25-15-94. This chapter article shall not apply to any single-passenger coin operated carnival ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides.
34-13-17. 25-15-95. This chapter article shall not be construed so as to prevent the use of any existing carnival ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter article. Owners of carnival rides in operation on or before March 26, 1986, shall comply with the provisions of this chapter and the standards and regulations adopted pursuant to this chapter within six months after the adoption of said standards and regulations.
34-13-18. 25-15-96. (a) The Commissioner or his the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his the Commissioner's authorized representative. (b) In the event that an owner or operator knowingly allows the operations of a carnival ride after the issuing of a temporary cessation, the Commissioner or his the Commissioner's authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this chapter article.
(c)(1) Any person, firm, partnership, or corporation violating the provisions of this chapter article shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. (2) In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the department office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this chapter article and the rules and regulations promulgated under this chapter article. The imposition of a penalty for a violation of this chapter article or the rules and regulations promulgated under this chapter article shall not excuse the violation or permit it to continue.
34-13-19. 25-15-97. The owner or operator of a carnival ride may deny entry to a person to a carnival ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section will shall permit an owner or operator to deny an inspector access to a carnival ride when such inspector is acting within the scope of his or her duties under this chapter article.

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34-13-20. 25-15-98. (a) The owner or operator of a carnival ride shall post a clearly visible sign at the location of each ride and at the location of tickets sales for each ride which states any age, weight, or height requirements of the ride which are necessary as a safeguard against injury. (b) It shall be unlawful for any owner or operator to permit entry to a carnival ride to any person who does not meet the posted age, size, and weight requirements for such ride.
34-13-21. 25-15-99. The owner of any itinerant carnival ride which is located within the this state must shall continuously maintain in this state a registered agent of record, which agent who may be an individual who resides in the state and whose business address is identical with the address of the owner's required office.
34-13-22. 25-15-100. Neither this chapter article nor any provision of this chapter article shall be construed to place any liability on the State of Georgia, the department office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to carnival rides and any injury or damages arising therefrom.
34-13-23. 25-15-101. No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of carnival rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements heretofore passed shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to carnival rides or their time of operation or noise levels generated. Nothing in this chapter article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48."
SECTION 5. Said title is further amended by reserving the Chapter 11, Chapter 12, and Chapter 13 designations.
SECTION 6. Said title is further amended by revising Code section 34-1-1, relating to requirements for scaffolding and staging design and inspection by the Commissioner, and redesignating it as a part of a new article of Chapter 15 of Title 25, as follows:

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"ARTICLE 5
"34-1-1. 25-15-110. (a)(1) All scaffolding or staging that is swung or suspended from an overhead support or erected with stationary supports, which scaffolding or staging and is suspended or rises 30 feet or more above the ground, shall have a safety rail properly attached, bolted, braced, and otherwise secured; and the, which safety rail shall rise at least 34 inches above the floor or main portions of such scaffolding or staging and extend for the full length of such staging and along the ends thereof with only such openings as may be necessary for the delivery of materials being used on such scaffold or staging. Such scaffolding or staging shall also be so fastened as to prevent it from swaying from the building or structure. However, this paragraph shall not apply to any scaffolding or staging which is wholly within the interior of a building or other structure and which covers the entire floor space therein. (2) It shall be unlawful for any person to employ or direct others to perform labor of any kind in the erecting, demolishing, repairing, altering, cleaning, or painting of a building or other structure without first having furnished proper protection to such person so employed or directed, as provided in paragraph (1) of this subsection.
(b) All scaffolding or staging shall be so constructed that it will bear at least four times the weight required to be hanging therefrom or placed thereon when in use.
(c)(1) The Commissioner of Labor Safety Fire Commissioner, upon receipt of any complaint, shall make or cause to be made an immediate inspection of the scaffold, or mechanical device connected therewith, concerning which complaint has been made. (2) The Commissioner shall attach to every scaffold, staging, mechanism, or mechanical device inspected by him or her a certificate bearing his the Commissioner's name and the date of inspection, on which and the certificate he shall plainly state whether he or she has found the scaffolding, staging, or mechanical device 'safe' or 'unsafe.' (3) If the Commissioner of Labor Commissioner finds any scaffolding, staging, or mechanical device complained of to be unsafe, he the Commissioner shall at once notify in writing the person responsible for the erection and maintenance of the scaffolding, staging, or mechanical device that he the Commissioner has found it to be unsafe. Such notice may be served personally upon the person responsible under the law or may be perfected by affixing such notice in a conspicuous place on the scaffold, staging, or mechanical device found unsafe. The manner of service shall be within the discretion of the Commissioner of Labor Commissioner. The Commissioner shall then prohibit the use of such scaffolding, staging, or mechanical device by any person until all danger has been removed or until it has been made to comply with the terms of this Code section by alteration, reconstruction, demolition, or replacement, as the Commissioner may direct. (d) Any person who willfully, knowingly, and persistently continues the use of a scaffold, staging, or other mechanical device in violation of any provision of this Code section shall be guilty of a misdemeanor."

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SECTION 7. Said title is further amended by reserving the Code Section 34-1-1 designation.
SECTION 8. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, is amended by revising Part 6, relating to elevators, dumbwaiters, escalators, manlifts and moving walks, as follows:
"Part 6
8-2-100. As used in this part, the term:
(1) 'Alteration' means any change or addition to the equipment other than ordinary repairs or replacements. (2) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (3) 'Department' means the Department of Labor. (4)(3) 'Dumbwaiter' means a hoisting and lowering mechanism which is equipped with a car which moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet, the total inside height of which, whether or not provided with fixed or removable shelves, does not exceed four feet, the capacity of which does not exceed 500 pounds, and the use of which is exclusively for carrying materials. Such term includes a power dumbwaiter and a hand dumbwaiter.
(5)(4)(A) 'Elevator' means a hoisting and lowering mechanism designed to carry passengers or authorized personnel and equipped with a car which moves in fixed guides and serves two or more fixed landings. (B) Except as specifically provided in subsection (a) of Code Section 8-2-102, 'elevator' also means a freight elevator, gravity elevator, hand elevator, inclined elevator, multideck elevator, observation elevator, passenger elevator, power elevator, electric elevator, hydraulic elevator, direct-plunger hydraulic elevator, electrohydraulic elevator, maintained pressure hydraulic elevator, roped-hydraulic elevator, private residence elevator, and sidewalk elevator. (6)(5) 'Enforcement authority' means the Commissioner, officers, and inspectors of the department office authorized to enforce the provisions of this part and local inspectors authorized to enforce the provisions of this part. (7)(6) 'Escalator' means a power driven, inclined, continuous stairway used for raising or lowering passengers. (8)(7) 'Hand dumbwaiter' means a dumbwaiter driven by manual power, serving more than two consecutive stories, whose capacity exceeds 20 pounds and whose car platform area exceeds two square feet. (9)(8) 'Hand elevator' means an elevator utilizing manual power to move the car. (10)(9) 'Hoistway' means a shaftway or an opening through a building or structure for the travel of elevators, dumbwaiters, or material lifts, extending from the pit floor to the roof or floor above.

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(11)(10) 'Manlift' means a device consisting of a power driven endless belt moving in one direction only which is provided with steps or platforms and handholds attached to it for the transportation of personnel from floor to floor. (12)(11) 'Moving walk' means a type of passenger-carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted. (12) 'Office' means the office of Safety Fire Commissioner. (13) 'Power dumbwaiter' means a dumbwaiter driven by the application of energy other than hand or gravity. (14) 'Power freight elevator' means an elevator used primarily for carrying freight, utilizing energy other than gravity or hand to move the car and on which only the operator and the persons necessary for unloading and loading the freight are permitted to ride. (15) 'Power passenger elevator' means an elevator used primarily to carry persons other than the operator and persons necessary for loading and unloading and utilizing energy other than gravity or hand to move the car.
8-2-101. (a) Prior to January 1, 1986, the owner or lessee of every existing elevator, escalator, manlift, moving walk, and dumbwaiter shall register with the department or local enforcement authority each such elevator, escalator, manlift, moving walk, or dumbwaiter owned or operated by him, giving type, rated load and speed, name of manufacturer, its location and the purpose for which it is used, and such other information as the department or local enforcement authority may require. Such registration shall be made on a form to be furnished by the department or local enforcement authority on request. All elevators, escalators, manlifts, moving walks, and dumbwaiters erected or placed in service after January 1, 1986, shall be inspected before being placed in service and shall be registered within 15 days after they are completed and placed in service. (b) Every elevator, dumbwaiter, manlift, moving walk, and escalator shall be maintained by the owner or lessee in a safe operating condition and in conformity with the rules and regulations specified by subsection (b) of Code Section 8-2-104. (c) Before any alteration can be made to any elevator, escalator, manlift, moving walk, or dumbwaiter already placed in service, the owner or lessee shall be required to notify the enforcement authority of any such alteration. The enforcement authority shall be authorized to conduct an inspection after any such alteration.
8-2-102. (a)(1) Power passenger elevators, power freight elevators, escalators, manlifts, and moving walks shall be inspected once during each six-month period. (2) Hand elevators and power and hand dumbwaiters shall be inspected once during each 12 month period.

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(b) Inspections and installations shall be made in accordance with the standards set forth in Part 'X' of ANSI A17.1-1984, the American National Standard Practice for Inspection of Elevators, Escalators and Moving Walks Inspector's Manual ANSI A17.2, the Safety Standards for Manlifts ANSI A90.1-1976, the Safety Standard for Construction Hoists ANSI A10.4-1981 and ANSI A10.5-1981, the Safety Standard for Conveyors and Related Equipment ANSI B20.1-1984, or the latest revised rules and regulations adopted by the Commissioner. Any inspections performed under these codes shall cover the hoistway, associated equipment rooms, and access thereto, and shall include lobby smoke detectors. (c) A report of any inspection required by this Code section shall be filed with the department office if the inspection is made by a state enforcement authority or with the local governing authority if the inspection is made by a local enforcement authority. Copies of the reports for new installations shall also be filed with the state fire marshal for his or her information. Such reports shall be made within ten days after the inspection has been completed, on forms prescribed by the Commissioner or the local enforcement authority, and shall indicate whether the elevator, escalator, manlift, moving walk, or dumbwaiter is safe and whether it meets the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104. After any such report is filed, the enforcement authority may require additional inspections to assure that any such elevator, escalator, manlift, moving walk, or dumbwaiter meets such rules and regulations. (d) If any inspection report indicates that an elevator, escalator, manlift, moving walk, or dumbwaiter is in an unsafe condition which if continually operated may endanger lives or property, then the enforcement authority may, at its discretion, require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules and regulations specified in subsection (b) of Code Section 82-104. (e) Elevator contractors who perform installations, alterations, repairs, or modifications on elevators, escalators, power freight elevators, moving walks, manlifts, or dumbwaiters, including the hoistways and machine rooms, shall be exempt from the requirements of Code Section Sections 43-14-8 and Code Section 43-14-8.1. (f) Private residence elevators shall be exempt from mandatory periodic inspections but shall be required to have an initial construction inspection as provided in the rules and regulations of the Commissioner. At the request of the owner or user of a private residence elevator, an inspection may be performed by the department office and an inspection report issued. The department office shall charge the person requesting the report a fee as set by the Commissioner to cover actual expenses of the inspection.
8-2-103. (a) An operating report shall be issued by the enforcement authority if the inspection report indicates that the elevator, escalator, manlift, moving walk, or dumbwaiter complies with the applicable rules and regulations prescribed pursuant to subsection (b)

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of Code Section 8-2-104 and upon payment of a permit fee. Such permits shall be valid for a period of 12 months. (b) No elevator, escalator, manlift, moving walk, or dumbwaiter shall be operated by the owner or lessee thereof unless a valid operating permit, or a limited operating permit when permitted by the rules and regulations of the Commissioner, has been issued. (c) The operating permit shall indicate whether it is issued for an elevator, escalator, manlift, moving walk, or dumbwaiter, state the rated load and speed and, in the case of an elevator, state whether the usage is for passengers or freight. The operating permit shall be posted either conspicuously in the car of an elevator or on the premises. The operating permit for an escalator, manlift, moving walk, or a dumbwaiter shall be posted on the premises. (d) If the enforcement authority has reason to believe that any owner or lessee to whom an operating permit has been issued is not complying with the applicable rules and regulations specified in subsection (b) of Code Section 8-2-104, it shall so notify such owner or lessee and shall give notice of a date for a hearing thereon to such owner or lessee. If, after such hearing, it shall find that such owner or lessee is not complying with such rules and regulations, it shall revoke such permit and require the owner or lessee to discontinue the use of such elevator, escalator, manlift, moving walk, or power dumbwaiter.
8-2-104. (a) The Commissioner shall be authorized to employ inspectors to carry out the provisions of this part. The Commissioner shall also be authorized to certify other qualified persons to carry out the provisions of this part, including technically competent individuals of any company licensed to insure and insuring elevators in this state and technically competent individuals of a regularly established elevator inspection service. The Commissioner shall prescribe the qualifications, authority, functions, and duties of such inspectors.
(b)(1)(A) The Commissioner shall by rules and regulations prescribe various inspection fees and operating permit fees necessary to enable the state and local enforcement authorities to carry out the provisions of this part. (B) The owners and users of elevators, dumbwaiters, escalators, manlifts, and moving walks which are inspected by certified inspectors in private business or with private corporations shall be exempt from the payment to the state or local enforcement authorities of the inspection fees provided in subparagraph (A) of this paragraph. (2) Elevators, dumbwaiters, escalators, manlifts, and moving walks subject to operating permit inspections by private inspectors shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each elevator, dumbwaiter, escalator, manlift, or moving walk not inspected.

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(3) Inspection fees due on elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection by the chief or deputy inspectors or operating permit fees due from inspections performed by private inspectors shall be paid within 60 calendar days of completion of such inspections. Inspection fees or operating fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner. (4) The Commissioner may waive the collection of the penalties and interest assessed in paragraphs (2) and (3) of this subsection when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department office. (c) The American National Standard Safety Code for elevators, dumbwaiters, escalators, and moving walks ANSI A17.1-1984 and the Safety Standards for Manlifts ANSI A90.1-1976 are adopted as rules and regulations of the Department of Labor office for the purposes of this part until otherwise amended by rules and regulations of the Commissioner. (d) In addition to the rules and regulations adopted pursuant to subsections (b) and (c) of this Code section, the Commissioner shall be authorized to adopt such rules and regulations as may be reasonably necessary to carry out the provisions of this part. (e) The Commissioner shall also have the power in any particular case to grant exceptions and variations from the literal requirements of the rules and regulations adopted pursuant to subsection (c) of this Code section. Such exceptions and variations shall be granted only in any particular case where it is clearly evident that they are necessary to prevent undue hardship or where the existing conditions prevent compliance with the literal requirements of the rules and regulations. In no case shall any exception or variation be granted unless, in the opinion of the Commissioner, reasonable safety will be secured thereby.
8-2-105. (a) The governing body of any municipality or county which adopts at least the minimum rules and regulations relative to inspections and safety standards for elevators, escalators, manlifts, moving walks, and dumbwaiters as provided in subsection (b) of Code Section 8-2-102 and subsection (c) of Code Section 8-2-104 shall have the power:
(1) To adopt by ordinance or resolution any reasonable provisions for the enforcement of such local standards adopted applicable to elevators, escalators, manlifts, moving walks, and dumbwaiters, including procedural requirements, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration and enforcement of the requirements of such local standards; (2) To provide for inspection of buildings or similar structures to ensure compliance with the local standards;

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(3) To employ inspectors, including chief and deputy inspectors, and any other personnel necessary for the proper enforcement of such standards, provided that such inspectors meet the minimum qualifications of state inspectors and are certified by the Commissioner pursuant to subsection (a) of Code Section 8-2-104; (4) To contract with other municipalities or counties adopting at least state minimum standards, or with the state, to administer such standards and to provide inspection and enforcement personnel and services necessary to ensure compliance with the standards; and (5) To contract with any other county or municipality whereby the parties agree that the inspectors of each contracting party may have jurisdiction to enforce the local standards within the boundaries of the other contracting party. (b) When a local enforcement authority conducts an inspection or issues an operating permit as provided in this part, any inspection fee or operating permit fee due shall be paid to the municipality or county employing the enforcement authority.
8-2-106. (a) The owner or lessee shall report, by telephone, to the enforcement authority on the same day or by noon on the next work day, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving personal injury or death. The owner or lessee shall also provide a written report of this accident within seven days. (b) The owner or lessee shall report, in writing, to the enforcement authority within seven days, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving structural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter. (c) Any elevator, escalator, manlift, moving walk, or power dumbwaiter involved in an accident described in subsection (a) or (b) of this Code section shall be removed from service at the time of the accident. The equipment shall not be repaired, altered, or placed back in service until inspected by a certified inspector for the enforcement authority.
8-2-107. (a) The installation, alteration, maintenance, and operation of the facilities and equipment regulated by or pursuant to the provisions of this part affect the public interest, and such regulation is necessary for the protection of the public health, safety, and welfare. Therefore, violations of this part or of rules and regulations adopted by or pursuant to this part are a public nuisance, harmful to the public health, safety, and welfare; and, in addition to other remedies provided by law, the actions of the Commissioner, the department office, or any local enforcement authority under this part shall be enforceable by injunction properly applied for by the Commissioner or any other enforcement authority in any court of Georgia having jurisdiction over the defendant.

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(b)(1) Any person, firm, partnership, or corporation which violates this part shall be guilty of a misdemeanor. Each day on which a violation occurs shall constitute a separate offense. (2) In addition to the penalty provisions in subsection (a) of this Code section and paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the department office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this part and the rules and regulations promulgated under this part. The imposition of a penalty for a violation of this part or the rules and regulations promulgated under this part shall not excuse the violation or permit it to continue.
8-2-108. (a) Any person aggrieved by an order or an act of an inspector under this chapter may, within 15 days of notice thereof, appeal from such order or act to the Commissioner who shall, within 30 days thereafter, issue an appropriate order either approving or disapproving said order or act. A copy of such order by the Commissioner shall be given to all interested parties. (b) This part, as it applies to the Commissioner and the department office, shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
8-2-109. (a) For the purpose of assisting the Commissioner in the adoption of rules and regulations and in carrying out the provisions of this part, the Commissioner shall consult with the Governor's Employment and Training Council provided for in Code Section 34-14-1. (b) The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of conveyances or facilities covered by this part and to create committees composed of such consultants and members of the Governor's Employment and Training Council to assist the Commissioner in carrying out his or her duties under this part.
8-2-109.1. (a) This part shall not apply to elevators located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight. (b) This part shall not apply to any single-seat, single-passenger chairlift located in a building owned and operated by an incorporated or unincorporated nonprofit organization organized and operated exclusively for educational, religious, charitable, or other eleemosynary purposes. (c) Any county, municipality, or other political subdivision which adopts the minimum rules and regulations as provided in Code Section 8-2-105 shall be audited on a semiannual basis for compliance by the Department of Labor office; and any laws, ordinances, or resolutions in conflict with this part shall be void and of no effect."

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SECTION 9. Code Section 8-2-31, relating to effect of part relative to state building, plumbing, and electrical codes, is amended by revising paragraph (2) of subsection (c) as follows:
"(2) Chapter 11 of Title 34 Article 2 of Chapter 15 of Title 25, the 'Boiler Vessel Safety Act';"

SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 N 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 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 Y 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 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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S E Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long E Maddox, B

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris
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
Ramsey E Randall Y Reece Y Rice Y Riley Y Roberts

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 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 Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C

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Y Collins Y Cooke Y Coomer Y Cooper
Crawford

Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

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

Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S

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 1.

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

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.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 44-14-13 of the Official Code of Georgia Annotated, relating to disbursement of settlement proceeds, so as to change the definition of "settlement agent"; to change provisions relating to the applicability of the Code section and the availability of damages for violating the Code section; to provide for criminal penalties; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 44-14-13 of the Official Code of Georgia Annotated, relating to disbursement of settlement proceeds, is amended by revising paragraph (10) of subsection (a) and subsections (b) and (e) and by adding two new subsections (f) and (g) to read as follows:

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"(10) 'Settlement agent' means the person lender or an active member of the State Bar of Georgia responsible for conducting the settlement and disbursement of the settlement proceeds and includes any individual, corporation, partnership, or other entity conducting the settlement and disbursement of the loan funds." "(b) This Code section applies shall apply only to transactions involving purchase money loans made by a lender, or loans made to refinance, directly or indirectly, a purchase money loan made by another lender refinance loans made by the current or a new lender, which loans will be secured by deeds to secure debt or mortgages on real estate within the State of Georgia containing not more than four residential dwelling units, whether or not such deeds to secure debt or mortgages have a first-priority status." "(e) Any party violating this Code section shall be liable to any other party suffering a loss due to such violation for such other party's actual damages plus reasonable attorneys' fees. In addition, any party violating this Code section shall pay to the borrower party suffering the loss an amount of money equal to $1,000.00 or double the amount of interest payable on the loan for the first 60 days after the loan closing, whichever is greater. (f) Any individual, corporation, partnership, or other entity conducting the settlement and disbursement of loan funds, when he, she, or it is not the settlement agent, shall be guilty of a misdemeanor. (g) Nothing contained in this Code section shall prevent a real estate broker or real estate salesperson from exercising the rights and providing the duties and services specified by Chapter 40 of Title 43."

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

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

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

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

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

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

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

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

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Y Beverly Y Black Y Braddock Y Brockway N Brooks N 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

Ehrhart Y England Y Epps, C Y Epps, J N Evans Y Floyd N 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 Y Hatfield N Heard

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

Y Nix 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 E Randall
Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M N Scott, S

Y Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley Y Thomas N Waites Y Watson Y Welch
Weldon N Wilkerson Y 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, the ayes were 129, nays 29.

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

Representatives Evans of the 40th and Houston of the 170th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

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.

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.

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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:

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

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 Y Evans Y Floyd
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
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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S E Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby
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 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 N Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey E 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 N 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 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 157, nays 3.

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.

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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.

The report of the Committee, which was favorable to the 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
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 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 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
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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S E Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long E 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
Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E Randall Y Reece Y Rice Y Riley Y Roberts N 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 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 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

MONDAY, MARCH 26, 2012

4805

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

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.

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.

The report of the Committee, which was favorable to the 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 Y Bruce Y Bryant Y Buckner

N 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 Y Evans Y Floyd Y Fludd Y Frazier

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 E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S

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 Y Oliver Y O'Neal E Pak Y Parent Y Parrish Y Parsons Y Peake

Y Setzler Y Shaw Y Sheldon Y Sims, B
Sims, C E 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 Y Teasley

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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
Crawford

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

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 Y Scott, M Y Scott, S

Y Thomas Y Waites Y Watson N 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 159, nays 3.

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.

Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

SB 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.

The following Committee substitute was read and adopted:

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 a

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penalty; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related criminal offenses, is amended by adding a new Code section to read as follows:
"16-10-26.1. (a) As used in this Code section, the term 'serious violent felony' shall have the same meaning as set forth in Code Section 17-10-6.1. (b) A person who knowingly and intentionally transmits a false claim by means of a written, electronic, or other transmission, through any medium, stating that he or she has committed a serious violent felony and the false claim is made with the intent to cause a law enforcement agency or official to initiate an investigation to determine whether such serious violent felony has been committed by such person shall be guilty of the misdemeanor offense of transmitting a false report of a crime."

SECTION 2. This Act shall become effective on July 1, 2012, and shall apply to offenses committed on or after such date.

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

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

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

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

Y Davis 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 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 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 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 Y Smyre N Spencer Y Stephens, M Y Stephens, R

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Y Black N Braddock N 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
Crawford

Y England Y Epps, C Y Epps, J Y Evans
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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long E Maddox, B Y Maddox, G Y Manning Y Marin Y Martin
Maxwell

Y Oliver Y O'Neal E Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A N 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
Scott, M Y Scott, S

Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson N 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 154, nays 5.

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

Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representatives Dawkins-Haigler of the 93rd 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.

Representative Welch of the 110th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 356. By Senators Murphy of the 27th, Cowsert of the 46th, Hamrick of the 30th, Mullis of the 53rd, Miller of the 49th and others:

A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the Bell-Forsyth Judicial Circuit; to provide for the initial appointment of such judge by the Governor; to provide for the election and term of office of such judge; to provide for additional court reporters and personnel and the compensation of such reporters and

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4809

personnel; to declare inherent authority; 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 Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for an additional judge of the courts of the Bell-Forsyth and Piedmont judicial circuits; to provide for the initial appointment of such judges by the Governor; to provide for the election and terms of office of such judges; to provide for the compensation, salary, and expense allowance of such judges to be paid by the State of Georgia and the counties comprising the judicial circuits; to provide for jurors; to authorize the judges of the circuits to divide and allocate the work and duties thereof and provide for the duties of the chief judges and presiding judges; to provide for powers, duties, and responsibilities of judges of said circuits; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to amend an Act entitled "An Act to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior court, so as to provide for an additional judge of the superior courts of Cobb, Cordele, Dublin, Enotah, and Gwinnett judicial circuits," approved May 29, 2007 (Ga. L. 2007, p. 695), so as to provide for the selection of the chief judge of the Gwinnett Judicial Circuit; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraphs (5.1) and (32) of Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit, as follows:
"(5.1) Bell-Forsyth Circuit ................................................................................... 2 3" "(32) Piedmont Circuit......................................................................................... 3 4"
PART II SECTION 2-1.
A new judge of the superior court is added to the Bell-Forsyth Judicial Circuit, thereby increasing to three the number of judges of said circuit.

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SECTION 2-2. The additional judge of the superior court of the Bell-Forsyth Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2013, and expiring December 31, 2014, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2014, for a term of four years beginning on January 1, 2015, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 2-3. The additional judge of the superior court of the Bell-Forsyth Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 2-4. The chief judge of the Bell-Forsyth Judicial Circuit shall be the judge who has the most experience as a sitting judge of a superior court in the State of Georgia. The three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall equally share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement between the judges as to the operation of the superior court, the majority shall rule, or failing a majority, the decision of the chief judge shall control.
SECTION 2-5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges. The additional judge's compensation, salary, and expense allowance from the State of Georgia and from Forsyth County shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by Forsyth County of the salary of the judges of the superior court of the Bell-Forsyth Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 2-6. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior court of the Bell-Forsyth Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said

MONDAY, MARCH 26, 2012

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circuit, shall be fully valid and may be held and determined before any judge of said circuit. All writs and processes in the superior court of the Bell-Forsyth Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge.
SECTION 2-7. The choosing of all jurors, whether grand or trial, may be by any of the judges of the superior court of said circuit; and any such judge of the superior court of said circuit shall have full power and authority to choose jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
SECTION 2-8. The three judges of the superior court of the Bell-Forsyth Judicial Circuit shall be authorized to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Bell-Forsyth Judicial Circuit as the same is now fixed or may hereafter be fixed. The additional judge shall be authorized to employ other court personnel on the same basis as other judges of the Bell-Forsyth Judicial Circuit.
SECTION 2-9. The governing authority of the county comprising the Bell-Forsyth Judicial Circuit is authorized to provide suitable courtrooms, jury rooms, and chambers for the judges of the superior court of the Bell-Forsyth Judicial Circuit upon the recommendation of said judges.
PART III SECTION 3-1.
A new judge of the superior court is added to the Piedmont Judicial Circuit, thereby increasing to four the number of judges of said circuit.
SECTION 3-2. The additional judge of the superior court of the Piedmont Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2013, and expiring December 31, 2014, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2014, for a term of four years beginning on January 1, 2015, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after

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such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election.
SECTION 3-3. The additional judge of the superior court of the Piedmont Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Piedmont Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
SECTION 3-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties of the superior court of the Piedmont Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior court of the Piedmont Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
SECTION 3-5. All writs and processes in the superior court of the Piedmont Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said court shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide four judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior court and to direct and conduct all hearings and trials in said court.
SECTION 3-6. Upon and after qualification of the additional judge of the superior court of the Piedmont Judicial Circuit, the judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges as to the operation of the superior court, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall control.
SECTION 3-7. The choosing of all jurors, whether grand or trial, may be by any of the judges of the superior court of the circuit; and any such judge shall have full power and authority to

MONDAY, MARCH 26, 2012

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choose jurors for service in said court so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time.
SECTION 3-8. The judges of the Piedmont Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 3-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Piedmont Judicial Circuit may bear teste in the name of any judge of the Piedmont Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 3-10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Piedmont Judicial Circuit shall be authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act shall be expenses of the court and payable out of the county treasury as such.
PART IV SECTION 4-1.
An Act entitled "An Act to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior court, so as to provide for an additional judge of the superior courts of Cobb, Cordele, Dublin, Enotah, and Gwinnett judicial circuits," approved May 29, 2007 (Ga. L. 2007, p. 695), is amended by revising Sections 6-5 and 6-6 as follows:
"SECTION 6-5. Upon and after qualification of the additional judge of the superior court of the Gwinnett Judicial Circuit, the ten judges of said court shall be authorized to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between or among said judges affecting the duties and responsibilities of the judges of the superior

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court of the Gwinnett Judicial Circuit, the decision of the chief judge of the circuit shall be controlling.

SECTION 6-6. The chief judge of the Gwinnett Judicial Circuit shall be elected from among the judges by a 50 percent vote of the total number of judges voting. In the event no person obtains at least 50 percent of the vote after three ballots, the chief judge shall be the eligible judge having the most seniority. The term for a chief judge shall be two years, and a person may be elected to successive terms. The chief judge shall be vested with the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided."

PART V SECTION 5-1.

Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

SECTION 5-2. (a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, this Act shall become effective on January 1, 2013.

SECTION 5-3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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 E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo

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

MONDAY, MARCH 26, 2012

4815

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 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

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

Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parent Y Parrish Y Parsons Y Peake N 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 Y Scott, M Y Scott, S

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 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 161, nays 1.

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

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.

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.

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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 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 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 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 Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby 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 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 E Pak Y Parent Y Parrish Y Parsons Y 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 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 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 Y Waites Y Watson Y Welch
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 165, 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.

MONDAY, MARCH 26, 2012

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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.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED AN ACT
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation, so as to revise certain provisions relating to the use of boats in the waters of state parks, historic areas, and recreational areas; to revise certain provisions relating to the use of live-aboard boats at marinas or docking stations; to amend Chapter 1 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to waters of the state, ports, and watercraft, so as to revise certain provisions relating to boats considered public nuisances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation, is amended in Code Section 12-3-10, 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, by revising subsections (e), (g), (h), and (i) as follows:
"(e) It With the exceptions of law enforcement and official use by the department, it shall be unlawful for any person to have or use a privately owned boat on any of the following state park lakes: have or use a boat on the waters of any park, historic site, or recreational area in violation of any prohibition or restriction posted therein by the department. The posting of signs at entrances of a park, historic site, or recreational area designating any prohibitions of, or restrictions on the use of, boats on the waters of that park, historic area, or recreational area shall constitute sufficient notice for the entire park, historic area, or recreational area.
(1) A. H. Stephens Federal Lake and Lake Liberty; or (2) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from May 1 through Labor Day of each year."

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"(g) It shall be unlawful for any person to have or use a boat, other than one on official business, with other than paddles or a portable bow or stern mounted electric trolling motor on any of the following state park lakes:
(1) Black Rock Mountain Lake; (2) James H. 'Sloppy' Floyd Lake; (3) A. H. Stephens-Lake Buncombe; (4) Franklin D. Roosevelt-Lake Franklin or Lake Delano; (5) John D. Tanner Lake (the 12 acre lake); (5.1) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from the day after Labor Day each year through April 30 of the following year; (6) Sweetwater Creek Lake; (7) Hard Labor Creek Lake (the 37 acre lake); (8) Fort Mountain Lake; (9) Vogel Lake; or (10) Unicoi Lake. Reserved. (h) It shall be unlawful for any person to use a boat, other than one on official business, with a motor which is neither an electric trolling motor nor ten horsepower or less on the following state park lakes: (1) Fort Yargo Lake; (2) Hamburg Lake; (3) Hard Labor Creek Lake (the 275 acre lake); (4) High Falls Lake; (5) Indian Springs Lake; (6) Kolomoki Mounds Lake; (7) Stephen C. Foster Lake; (8) Laura S. Walker Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); (9) Little Ocmulgee Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); and (10) Magnolia Springs Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset). Reserved. (i) It shall be unlawful for any person to fish in waters of any park, historic site, or recreational area, except for boat fishing between the hours of 7:00 A.M. and sunset and bank or wade fishing between the hours of 7:00 A.M. and 10:00 P.M., unless

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otherwise prohibited. It shall also be unlawful to fish in waters of any park, historic site, or recreational area which have been closed and posted by the department for fisheries management purposes."
SECTION 2. Said title is further amended by revising paragraph (8) of Code Section 12-5-282, relating to definitions, as follows:
"(8) 'Live-aboard' means a floating vessel or other water craft watercraft capable of safe, mechanically propelled navigation under average Georgia coastal wind and current conditions which is moored to a dock, tree, or piling or anchored in the estuarine waters of the state and is utilized as a human or animal abode and is located at a marina or a mooring area established by the department. Live-aboards include but are not limited to monohulls, multihulls, houseboats, floating homes, and other floating structures which are used for human or animal habitation."
SECTION 3. Said title is further amended by revising paragraph (8) of subsection (b) of Code Section 12-5-288, relating to activities and structures considered to be contrary to the public interest for purposes of issuing permits allowing alteration of coastal marshlands, as follows:
"(8) Occupying a live-aboard for more than 30 90 days during any calendar year; provided, however, that the commissioner may grant extensions of time beyond 30 90 days to persons making a request in writing stating the reasons for such extension. Owners of docks where live-aboards are moored as well as owners and occupants of live-aboards are responsible under this part."
SECTION 4. Chapter 1 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to waters of the state, ports, and watercraft, is amended by revising paragraph (3) of Code Section 52-1-3, relating to definitions relative to the protection of tidewaters, as follows:
"(3) 'Structure' means any structure located upon any tidewaters of this state, whether such structure is floating upon such tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such tidewaters when such structure is being or has been used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-10. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include vessels which are capable of navigation and are tied up at marinas live-aboards, as defined in Code Section 12-5-282. Structures shall also not include fishing camps, bait shops,

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restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the 'Coastal Marshlands Protection Act of 1970,' as amended, which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located."

SECTION 5. Said chapter is further amended by revising paragraph (4) of Code Section 52-1-32, relating to definitions relative to right of passage, as follows:
"(4) 'Structure' means any structure located upon any navigable stream or river of this state, whether such structure is floating upon such navigable stream or river and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such navigable stream or river when such structure is being, has been, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such navigable stream or river; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-39. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include vessels which are capable of navigation and are tied up at marinas live-aboards, as defined in Code Section 12-5-282. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the 'Coastal Marshlands Protection Act of 1970,' as amended, which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located."

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:

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

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

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

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

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

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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
Coomer Y Cooper
Crawford

Y Dudgeon Y Dukes N 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
Harrell Y Hatchett Y Hatfield Y Heard

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

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

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 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 156, nays 4.

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

Representatives Fullerton of the 151st and Stephens of the 164th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Dunahoo of the 25th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 143. By Senators Henson of the 41st and Shafer of the 48th:

A BILL to be entitled an Act to amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide that an applicant for a license by endorsement shall provide certain information; to repeal certain obsolete provisions; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

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A BILL TO BE ENTITLED AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to revise various provisions relating to the licensure of certain professions; to provide that an applicant for a license by endorsement for massage therapy practice shall provide certain information; to repeal certain obsolete provisions; 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 43 of the Official Code of Georgia Annotated, relating to professions, is amended by revising Code Section 43-24A-8, relating to licensure of massage therapists, applications, and requirements, as follows:
43-24A-8. (a) No person may practice massage therapy in this state who is not a licensed massage therapist or the holder of a valid provisional permit issued by the division director pursuant to this chapter. (b) Prior to July 1, 2007, any applicant for a license as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that:
(1) The applicant is at least 18 years of age; (2) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicant's fitness to practice massage therapy; (3) The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and (4) The applicant has met at least one of the following requirements:
(A) He or she has completed successfully a board recognized educational program with a minimum of 500 hours of course and clinical work; (B) He or she has passed satisfactorily the National Certification Examination for Therapeutic Massage and Bodywork, an equivalent test approved by the board, or an examination administered by another state or jurisdiction whose license requirements meet or exceed those of this state; (C) He or she meets the qualifications necessary to sit for the National Certification Examination for Therapeutic Massage and Bodywork or has substantially similar qualifications as determined by the board; (D) He or she holds a license as a massage therapist in another state or jurisdiction whose license requirements meet or exceed the licensing requirements of this state;

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(E) He or she has practiced massage therapy for at least ten hours per week on average for at least ten years prior to the date of application and has completed at least 100 hours of formal training in massage therapy as determined by the board; (F) He or she has practiced massage therapy for at least five years prior to the date of application and has completed a minimum of 200 hours of formal training in massage therapy as determined by the board; (G) He or she has, to the satisfaction of the board, training in another state or jurisdiction that meets or exceeds the requirements for licensing in this state; (H) He or she has been a member, as a massage therapist, for a period of one year prior to his or her application for licensure of a professional massage therapy association established before 2002 which holds its members to a published code of ethics; or (I) He or she has been legally practicing massage therapy in this state for compensation prior to July 1, 2005. (c) On and after July 1, 2007, any Any applicant for a license as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that: (1) The applicant is at least 18 years of age; (2) The applicant has a high school diploma or its recognized equivalent; (3) The applicant is a citizen of the United States or a permanent resident of the United States; (4) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicant's fitness to practice massage therapy; (5) The applicant has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; (6) The applicant has completed successfully a board recognized educational program consisting of a minimum of 500 hours of course and clinical work; and (7) The applicant has passed satisfactorily the National Certification Examination for Therapeutic Massage and Bodywork, an equivalent test approved by the board, or an examination administered by another state or jurisdiction whose license requirements meet or exceed those of this state."

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SECTION 2. Said title is further amended by revising paragraph (3) of Code Section 43-24A-13, relating to license by endorsement, as follows:
"(3) The applicant has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by endorsement agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and"
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Atwood of the 179th et al. offer the following amendment:
Amend the House Committee on Regulated Industries substitute to SB 143 (LC 36 2171S) by deleting "the licensure of certain professions;" on line 2 and inserting in lieu thereof "massage therapists;" and by adding after "information;" on line 4 the following: to provide for a criminal background check of applicants for a license as a massage therapist; to change certain provisions relating to provisional permits;
By inserting between lines 79 and 80 the following:
SECTION 2. Said title is further amended by revising Code Section 43-24A-9, relating to provisional permits, as follows:
"43-24A-9. (a) A provisional permit to practice as a provisionally permitted massage therapist may be issued for a two-year period by the board to the following applicants:
(1) An applicant licensed in another state with like or similar requirements for licensure; or

MONDAY, MARCH 26, 2012

4825

(2) An applicant who is not the holder of any massage therapy license. (b) Such permit shall authorize the applicant to work under the supervision of a licensed massage therapist as provided by the board. (c) The applicant, by submitting an application for a provisional permit, agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check. (a) A provisional permit to practice as a provisionally permitted massage therapist shall, upon proper application, be issued for a six-month period to an applicant who meets the following criteria:
(1) Holds a valid license as a massage therapist in another state; (2) Is not a resident of this state; (3) Has not had a license or permit to practice as a massage therapist voided, revoked, suspended, or annulled by this state or another state; and (4) Has not been convicted of a felony in the courts of this state, any other state, territory, or country, or in the courts of the United States, including, but not limited to, a plea of nolo contendere entered to such charge or the affording of first offender treatment to any such charge. (b) A provisional permit shall require the applicant to work under the supervision of a licensed massage therapist as provided by the board. The board shall be authorized to promulgate rules and regulations regarding the requirements for such supervision and the enforcement thereof. (c) A provisional permit may be voided if the board determines that the person holding such permit no longer meets one or more of the criteria set forth in subsection (a) of this Code section. (d) Such A provisional permit issued pursuant to subsection (a) of this Code section shall have the same force and effect as a permanent license until the time of its expiration. (e) The A provisional permit issued pursuant to subsection (a) of this Code section shall expire on the same date as a permanent license that is issued to persons who have issued under this chapter to a holder of a provisional permit who has passed the examination pursuant to Code Section 43-24A-8."
By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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

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

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

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

N Setzler N Shaw N Sheldon Y Sims, B
Sims, C E Smith, E Y Smith, K N Smith, L Y Smith, R N Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R Y Stephenson N Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T N Teasley Y Thomas 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 N Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 109, nays 52.

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

Representative Rice of the 51st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Fullerton of the 151st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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:

MONDAY, MARCH 26, 2012

4827

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.

The following Committee substitute was read and adopted:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 43-50-44 of the Official Code of Georgia Annotated, relating to exemptions from licensing and registration for veterinary medicine or veterinary technology, so as to provide an additional exemption; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-50-44 of the Official Code of Georgia Annotated, relating to exemptions from licensing and registration for veterinary medicine or veterinary technology, is amended by striking the word "or" at the end of paragraph (19), by striking the period at the end of paragraph (20) and inserting "; or" in lieu thereof, and by adding a new paragraph to read as follows:
"(21) Any person lawfully engaged in the art or profession of farriery."

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

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 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 Y Smyre Y Spencer

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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 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 Y Hatfield Y Heard

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

Y Nimmer Y Nix Y Oliver Y O'Neal E Pak Y Parent Y Parrish Y Parsons Y 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 Y Scott, M Y Scott, S

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 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.

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.

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.

MONDAY, MARCH 26, 2012

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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 maximize the number of students taking at least one course containing online learning prior to graduation; to provide for the online administration of end-of-course assessments; to revise provisions relating to the Georgia Virtual School; 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 revise provisions relating to textbooks; to repeal a provision relating to electronic devices in schools; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Part 2 of Article 6, relating to competencies and core curriculum under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-140.1. The State Board of Education shall establish rules and regulations to maximize the number of students, beginning with students entering ninth grade in the 2014-2015 school year, who complete prior to graduation at least one course containing online learning. This shall be met through an online course offered by the Georgia Virtual School established pursuant to Code Section 20-2-319.1, through an online dual enrollment course offered by a postsecondary institution, or through a provider approved pursuant to subsection (c) of Code Section 20-2-319.3. This shall also include enrollment in a full-time or part-time virtual instruction program pursuant to Code Section 20-2-319.3."
SECTION 2. Said chapter is further amended in Code Section 20-2-160, relating to determination of enrollment by institutional program and determination of funds to be appropriated to local school systems, by revising subsection (a) as follows:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May

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1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a dual credit course pursuant to Code Section 20-2-159.5 shall be counted for the high school program or other appropriate program for each segment in which the student is attending such dual credit course. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date."
SECTION 3. Said chapter is further amended in Code Section 20-2-281, relating to assessment of effectiveness of educational programs, by revising subsection (h) as follows:
"(h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000. By the 2015-2016 school year, the State Board of Education shall make all end-of-course assessments available online and shall establish rules and regulations to maximize the number of students and school systems utilizing such online assessments."

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SECTION 4. Said chapter is further amended by revising Code Section 20-2-319.1, relating to the Georgia Virtual School, as follows:
"20-2-319.1. (a) The State Board of Education is authorized to establish the Georgia Virtual School whereby students may enroll in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher. Any Georgia student who is age 21 or younger shall be eligible to enroll in the Georgia Virtual School, at no cost to the student, provided that public school students shall be given priority. The State Board of Education is authorized to promulgate rules and regulations pertaining to the Georgia Virtual School. Such rules and regulations, if established, shall include, at a minimum, a process for students to enroll in Georgia Virtual School courses, including provisions allowing for students to participate in such courses in excess of any maximum number of courses allowed per year at a tuition rate to be established by the State Board of Education, and a process whereby a student's grade in the course is reported on the student's transcript. All teachers who provide instruction through the Georgia Virtual School shall be certified by the Professional Standards Commission. A local school system shall not prohibit any student from taking a course through the Georgia Virtual School, regardless of whether the school in which the student is enrolled offers the same course.
(b)(1) The department is authorized to establish a Georgia Virtual School grant account with funds appropriated by the General Assembly. The amount of funds requested by the state board for this account shall be the amount that the participating students would have earned under this article if those students had been in equivalent general education programs in a local school system for that portion of the instructional day in which the students were actually enrolled in a Georgia Virtual School course. The department shall use funds from this grant account to pay for costs associated with the Georgia Virtual School incurred by the department, including, but not limited to, actual costs of tuition, materials, and fees directly related to the approved courses taken by the students through the Georgia Virtual School associated with the maintenance of the Georgia Virtual School, such as new course development, credit recovery, blended learning training, and operating a clearinghouse. (2) The local school system shall pay to the department costs for tuition, materials, and fees directly related to the approved course taken by a student in its school system through the Georgia Virtual School; provided, however, that in no event shall the amount of tuition charged to the local school system exceed $250.00 per student per semester course. (c) The Georgia Virtual School shall not be considered a school for purposes of Article 2 of Chapter 14 of this title."

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SECTION 5. Said chapter is further amended in Part 14 of Article 6, relating to other educational programs under the "Quality Basic Education Act," by adding new Code sections to read as follows:
"20-2-319.3. (a) Beginning with the 2013-2014 school year, each local school system shall provide opportunities to all students in grades three through 12 enrolled in public schools within its boundaries for participation in part-time and full-time virtual instruction program options. Written notice of such opportunities, including an open enrollment period for full-time students of at least 90 days and not ending earlier than 30 days prior to the first day of the school year, shall be provided directly to parents of all students. The purpose of the program shall be to make quality virtual instruction available to students using online and distance learning technology in the nontraditional classroom. The program shall provide at least three options for:
(1) Full-time virtual instruction for students enrolled in grades three through 12; and (2) Part-time virtual instruction for students enrolled in grades three through 12. A virtual instruction program conducted by a local school system shall include specific provision for at least two full-time options and one part-time option for students enrolled in dropout prevention and academic intervention programs or Department of Juvenile Justice education programs under Code Section 20-2-133. (b) To provide students with the option of participating in virtual instruction programs as required by subsection (a) of this Code section, a local school system may apply one or all of the following mechanisms: (1) Facilitate enrollment in the Georgia Virtual School established pursuant to Code Section 20-2-319.1; (2) Enter into a contract with an approved provider under subsection (c) of this Code section for the provision of a full-time program under paragraph (1) of subsection (a) of this Code section or a part-time program under paragraph (2) of subsection (a) of this Code section; or (3) Enter into an agreement with another local school system or systems to allow the participation of its students in an approved virtual instruction program provided by such other local school system or systems. The agreement shall indicate a process for the transfer of funds. Contracts and agreements entered into pursuant to paragraph (2) or (3) of this subsection may include multidistrict contractual arrangements that may be executed by a regional educational service agency for its member school systems. (c) The department shall annually provide local school systems with a list of providers approved to offer virtual instruction programs. To be approved by the department, a provider shall document that it: (1) Possesses prior, successful experience offering online courses to elementary, middle, or high school students, as demonstrated through quantified student performance improvements for each subject area and grade level provided for consideration as instructional program options;

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(2) Assures instructional and curricular quality through a detailed curriculum and student performance accountability plan that addresses every subject and grade level intended for provision within local school system contracts, including:
(A) Courses and programs that meet the nationally recognized standards for K-12 online learning; (B) Instructional content and services that align with and measure student attainment of proficiency in the state-approved curriculum; and (C) Mechanisms that determine and ensure that a student has satisfied requirements for grade level promotion and high school graduation with a standard diploma, as appropriate; and (3) Publishes, in accordance with disclosure requirements adopted by the State Board of Education, for the general public, as part of its application as a provider, and in all contracts negotiated pursuant to this Code section: (A) Information and data about each full-time and part-time program regarding its curriculum; (B) School policies and procedures; (C) Certification status of all administrative and instructional personnel; (D) Teacher-student ratios; (E) Student completion and promotion rates; and (F) Student, educator, and school performance accountability outcomes. (d) An approved provider shall retain its approved status for a period of five years after the date of the department's approval pursuant to subsection (c) of this Code section as long as the provider continues to comply with all requirements of this Code section; provided, however, that each provider approved by the department for the 2013-2014 school year shall reapply for approval to provide a part-time program for students in grades three through 12. (e) Each contract with an approved provider shall at a minimum set forth a detailed curriculum plan that illustrates how students will be provided services for, and be measured for attainment of, proficiency in state curriculum requirements for each grade level and subject.
20-2-319.4. No later than December 1, 2012, the Department of Education shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives which identifies and explains the best methods and strategies for enabling the department to assist local boards of education in acquiring digital learning at as reasonable prices as possible by providing a plan under which local boards may voluntarily pool their bids for such purchases. The report shall identify criteria that will enable local boards to differentiate between the level of service as well as pricing based upon such factors as the level of student support, the frequency of teacher-student communications, instructional accountability standards, and academic integrity. The report shall also examine ways to increase student access to digital learning."

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SECTION 6. Said chapter is further amended in Code Section 20-2-1013, relating to the free textbook system, care and protection of textbooks, library books, and media materials, and reimbursement by pupils or parents, by revising subsection (b) as follows:
"(b) All hardbound or softbound textbooks, library books, and media materials purchased by local units of administration with state Quality Basic Education Program funds or any other means of acquisition shall remain the property of the local unit purchasing or acquiring them. Assistive technology devices and digital versions of textbooks that are acquired may remain the property of the student; provided, however, that this shall not be construed to violate any contracts or copyright laws. Each local unit of administration shall establish such policies as it deems necessary for the care and protection of its textbooks, library books, and media materials as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook, library book, or media material at the replacement cost:
(1) Refusal to issue any additional textbooks, library books, or media materials until restitution is made; or (2) Withholding of all grade cards, diplomas, or certificates of progress until restitution is made. No local unit of administration shall require any pupil or parent to purchase any textbook, library book, or media material except in cases where the pupil damages, loses, or defaces such item either through willful intent or neglect."
SECTION 7. Said chapter is further amended by revising Code Section 20-2-1015, relating to the electronic format version requirement, as follows:
"20-2-1015. The publisher of a textbook recommended by the State Board of Education shall provide an electronic format version of such textbook, which may include a digital version."
SECTION 8. Said chapter is further amended by repealing and reserving Code Section 20-2-1183, relating to possession of electronic communication devices in school.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood Y Baker Y Battles E Beasley-Teague N Bell N Benfield N Benton N Beverly Y Black Y Braddock Y Brockway Y Brooks N Bruce N Bryant Y Buckner N 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 E Dickerson N Dickey Y Dickson N 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 N Floyd N Fludd N Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon N Greene Y Hamilton
Hanner Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

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

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

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

On the passage of the Bill, by substitute, the ayes were 125, nays 38.

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

Representatives Abdul-Salaam of the 74th, Dawkins-Haigler of the 93rd, Spencer of the 180th, and Stephenson of the 92nd stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

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

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AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 2018. By Representatives Morgan of the 39th, Evans of the 40th, Wilkerson of the 33rd, Johnson of the 37th and Setzler of the 35th:
A RESOLUTION recognizing and commending Mr. Clarence Webb on the occasion of his retirement; and for other purposes.
HR 2019. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Charles Wang; and for other purposes.
HR 2020. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Lisa Wang; and for other purposes.
HR 2021. By Representatives Wilkerson of the 33rd, Morgan of the 39th, Evans of the 40th, Johnson of the 37th, Jones of the 44th and others:
A RESOLUTION honoring the life and memory of Reverend Dwight C. Graves; and for other purposes.
HR 2022. By Representatives Holcomb of the 82nd and Parent of the 81st:
A RESOLUTION recognizing and commending Simola Nayak on winning the Georgia Association of Educators State Spelling Bee; and for other purposes.
HR 2023. By Representatives Taylor of the 173rd, Carter of the 175th, Black of the 174th and McBrayer of the 153rd:
A RESOLUTION recognizing and commending Mrs. Carolyn Henry; and for other purposes.
HR 2024. By Representatives Rogers of the 26th, Dunahoo of the 25th and Collins of the 27th:

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A RESOLUTION recognizing and commending Georgia Women of Achievement and 2012 honoree Ms. Beulah Rucker Oliver; and for other purposes.
HR 2025. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Waites of the 60th, Scott of the 76th, Baker of the 78th and others:
A RESOLUTION recognizing and commending Mr. Arthur Hughes; and for other purposes.
HR 2026. By Representatives Gardner of the 57th, Ashe of the 56th, Thomas of the 100th, Drenner of the 86th, Benfield of the 85th and others:
A RESOLUTION recognizing and commending the Georgia Conservation Voters and Mayor Kasim Reed; and for other purposes.
HR 2027. By Representatives Gardner of the 57th, Ashe of the 56th, Buckner of the 130th, Randall of the 138th, Manning of the 32nd and others:
A RESOLUTION recognizing the week of May 13 through 19, 2012, as National Women's Health Week in Georgia; and for other purposes.
HR 2028. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Waites of the 60th, Scott of the 76th, Baker of the 78th and others:
A RESOLUTION recognizing and commending Mr. Leonardo "Leo" Lucier, Sr., on his outstanding public service; and for other purposes.
HR 2029. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Waites of the 60th, Scott of the 76th, Baker of the 78th and others:
A RESOLUTION recognizing and commending Mr. Larry W. Bussey; and for other purposes.
HR 2030. By Representatives Clark of the 104th, Harrell of the 106th, Clark of the 98th, Brockway of the 101st, Coleman of the 97th and others:
A RESOLUTION recognizing the second Wednesday of April of 2012 as Button Gwinnett Day at the capitol; and for other purposes.
HR 2031. By Representatives Abdul-Salaam of the 74th, Heckstall of the 62nd, Brooks of the 63rd, Jordan of the 77th and Scott of the 76th:

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A RESOLUTION honoring the life and memory of Mr. Leonardo "Little Leo" Lucier, Jr.; and for other purposes.
HR 2032. By Representatives Williams of the 89th, Bruce of the 64th, Heard of the 114th, Waites of the 60th, Mayo of the 91st and others:
A RESOLUTION recognizing and commending Sister Madeline McCrary; and for other purposes.
HR 2033. By Representatives Abrams of the 84th, Kendrick of the 94th, Wilkerson of the 33rd, Manning of the 32nd and Hanner of the 148th:
A RESOLUTION commending Advancement Via Individual Determination (AVID) and recognizing March 28, 2012, as AVID Day at the capitol; and for other purposes.
HR 2034. By Representatives Parrish of the 156th, Stephens of the 164th, Channell of the 116th, Smyre of the 132nd and Wilkinson of the 52nd:
A RESOLUTION recognizing and commending Mr. Randy Cardoza on his outstanding public service; and for other purposes.
HR 2035. By Representatives Powell of the 29th, Ralston of the 7th, Jasperse of the 12th, Williams of the 4th, Rogers of the 10th and others:
A RESOLUTION honoring the life and memory of Congressman Edgar Lanier Jenkins; and for other purposes.
HR 2036. By Representatives Welch of the 110th and Yates of the 73rd:
A RESOLUTION honoring the life and memory of Mr. Emmitt Wilson Henley, Jr.; and for other purposes.
HR 2037. By Representative Parrish of the 156th:
A RESOLUTION recognizing and commending Mrs. Jean Anderson Morgan; and for other purposes.
HR 2038. By Representative Jasperse of the 12th:
A RESOLUTION recognizing and commending Allen Bufford; and for other purposes

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HR 2039. By Representative Allison of the 8th:
A RESOLUTION commending Jeannie Bradley, Towns County High School's 2012 STAR Student; and for other purposes.
HR 2040. By Representative Allison of the 8th:
A RESOLUTION commending Mrs. Sabrina Garrett, Towns County High School's 2012 STAR Teacher; and for other purposes.
HR 2041. By Representatives Williamson of the 111th, Kirby of the 107th, Spencer of the 180th, Hudson of the 124th and Dickey of the 136th:
A RESOLUTION recognizing and commending Cody Thomas; and for other purposes.
HR 2042. By Representatives Williamson of the 111th, Jones of the 46th, Lindsey of the 54th, O`Neal of the 146th and Dickey of the 136th:
A RESOLUTION recognizing and commending Lee Talbot Williamson; and for other purposes.
HR 2043. By Representatives Jackson of the 142nd, Frazier of the 123rd and Williams of the 89th:
A RESOLUTION honoring the life and memory of Sergeant David Alexander Holmes; and for other purposes.
HR 2044. By Representative Fludd of the 66th:
A RESOLUTION recognizing and commending Ms. Ann Louise Houston on the occasion of her 80th birthday; and for other purposes.
HR 2045. By Representatives Braddock of the 19th and Maxwell of the 17th:
A RESOLUTION recognizing and commending the Hiram High School team of pre-engineering students for winning the Real World Design Challenge; and for other purposes.
HR 2046. By Representative Allison of the 8th:
A RESOLUTION commending the Blairsville Scottish Festival and Highland Games; and for other purposes.

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HR 2047. By Representatives Abdul-Salaam of the 74th, Heckstall of the 62nd, Brooks of the 63rd, Jordan of the 77th and Scott of the 76th:
A RESOLUTION recognizing and commending Miss Sadie Thomas on the occasion of her 101st birthday; and for other purposes.
HR 2048. By Representatives Abdul-Salaam of the 74th, Waites of the 60th, Scott of the 76th, Jordan of the 77th and Heckstall of the 62nd:
A RESOLUTION recognizing and commending the Clayton County Parks and Recreation Department; and for other purposes
HR 2049. By Representatives Weldon of the 3rd and Neal of the 1st:
A RESOLUTION recognizing and commending the Heritage High School wrestling team on winning the 2012 Georgia AAA State Traditional Championship; and for other purposes.
HR 2050. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Lieutenant Colonel Robert Marvin Bridges; and for other purposes.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
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 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

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an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
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.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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.
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 the confidentiality of certain records of the Commissioner of Insurance to extend to state, federal, or international regulatory law enforcement; to provide for exceptions; to provide for certain premium taxes and the rate and manner of collection to include state participation in certain agreements with other states; to revise certain provisions regarding reinsurance; to revise certain provisions regarding reinsurance credits applicable to an assuming insurer licensed in its state of domicile or of certain alien assuming insurers; to provide that certain notices of insurance cancellation may be delivered with the monthly bill for such insurance; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsections (g) and (i) of Code Section 33-2-14, relating to preparation of written reports of examinations generally, certification of reports, admissibility in evidence, notice and hearing on reports, and use of examination documents, as follows:
"(g) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, all work papers, analysis, recorded information, documents, copies information received from another state, and any other materials created, produced, or obtained by or disclosed to the Commissioner or any other person in the course of an examination made under this chapter or in the course of analysis by the Commissioner of the financial condition or market conduct of a company must be given confidential treatment and are not subject to subpoena and may not be made public by the Commissioner or any other person. Access may be granted to authorized representatives of the National Association of Insurance Commissioners. Such representatives must agree in writing prior to receiving the information to treat such information confidentially as required by this Code section, unless the prior written consent of the company to which it pertains has been obtained." "(i) Nothing contained in this Code section shall prevent or be construed as prohibiting the Commissioner from disclosing the contents of an examination report, preliminary examination report, or results or any matter relating thereto to the insurance department of this or any other state or country or to work papers, analysis, information, or a document described in subsection (g) of this Code section to state, federal, or international regulatory agencies or state, federal, or international law enforcement officials of this or any other state or agency of the federal government at any time authorities so long as such agency or office receiving the report or matter relating thereto recipient agrees in writing to treat such report confidentially and in a manner consistent with this title."
SECTION 2. Said title is further amended by revising subsection (b) of Code Section 33-5-31, relating to payment by broker of tax for privilege of doing business and computation and allocation of tax, as follows:
"(b) If this state participates in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-5-44 and a surplus line policy covers risks or exposures located or to be performed both in and out of this state, the sum payable shall be computed based on an amount equal to 4 percent of that portion of the gross premiums allocated to this state plus an amount equal to the portion of premiums allocated to other states or territories on the basis of the tax rates and fees applicable to properties, risks, or exposures located or to be performed outside this state."

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SECTION 3. Said title is further amended by revising subsection (b) of Code Section 33-5-33, relating to filing of report by persons procuring insurance with unauthorized insurers and levy, collection, and disposition of tax by persons procuring such insurance, and adding a new subsection to read as follows:
"(b) For If this state participates in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-5-44, then for the general support of the government of this state, there is levied and there shall be collected from every such insured in this state for the privilege of so insuring his property or interests, a tax at the rate of 4 percent of the gross premium paid for any such insurance covering risks or exposures located or to be performed both in and out of this state, after deduction of return premiums, if any. The sum payable shall be computed based upon an amount equal to 4 percent of that portion of the gross premiums allocated to this state plus an amount equal to the portion of premiums allocated to other states or territories on the basis of the tax rates and fees applicable to properties, risks, or exposures located or to be performed outside this state. Such tax shall be paid to the Commissioner coincidentally with the filing of the report provided for in subsection (a) of this Code section. (b.1) If this state does not participate in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-544, then for the general support of the government of this state, there is levied and there shall be collected from every such insured in this state for the privilege of so insuring his or her property or interests both in and out of this state, a tax at the rate of 4 percent of the gross premium paid for any such insurance, after deduction of return premiums, if any. Such tax shall be paid to the Commissioner coincidently with the filing of the report provided for in subsection (a) of this Code section."
SECTION 4. Said title is further amended by revising Code Section 33-5-41, relating to Governor authorized to enter into cooperative agreement, compact, or reciprocal agreement for collection of insurance premium taxes, as follows:
"33-5-41. The Governor, on behalf of the state, advised by and in consultation with the Commissioner of Insurance, is authorized to enter into a cooperative agreement, compact, or reciprocal agreement with another state or states for the purpose of the collection of insurance premium taxes imposed by Code Section Sections 33-5-31 and 33-5-33."
SECTION 5. Said title is further amended by revising Code Section 33-7-14, relating to reinsurance of risks, as follows:

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"33-7-14. (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of paragraph (1), (2), (3), (4), or (5), or (6) of this subsection. Credit shall be allowed under paragraph (1), (2), or (3) of this subsection only with respect to cessions of those kinds of classes of business for which the assuming insurer is licensed or otherwise permitted to write or assume in its state of domicile, or in the case of a United States branch of an alien assuming insurer, in the state through which it is entered and licensed to transact insurance or reinsurance. If meeting the requirements of paragraph (3) or (4) of this subsection, the requirements of paragraph (6) (7) of this subsection must shall also be met:
(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this state; (2) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is accredited as a reinsurer by the Commissioner in this state. An accredited In order to be eligible for accreditation, a reinsurer is one which shall:
(A) Files File with the Commissioner evidence of its submission to this state's jurisdiction; (B) Submits Submit to this state's authority to examine its books and records; (C) Is Be licensed to transact insurance or reinsurance in at least one state, or in the case of a United States branch of an alien assuming insurer, is be entered through and licensed to transact insurance or reinsurance in at least one state; and (D) Files File annually with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement; and:
(i) Maintains a surplus with regard to policyholders in an amount which is not less than $20 million and whose accreditation has not been denied by the Commissioner within 90 days of its submission; or (ii) Maintains a surplus with regard to policyholders in an amount less than $20 million and whose accreditation has been approved by the Commissioner. No credit shall be allowed a domestic ceding insurer if the assuming insurer's accreditation has been revoked by the Commissioner after notice and hearing; (E) Demonstrate to the satisfaction of the Commissioner that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its application if it maintains a surplus as regards policyholders in an amount of not less than $20 million and its accreditation has not been denied by the Commissioner within 90 days after the submission of its application; (3) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is domiciled and licensed in, or, in the case of a United States branch of an alien assuming insurer, is entered through a state which employs standards regarding

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credit for reinsurance substantially similar to those applicable under this Code section and the assuming insurer or United States branch of an alien assuming insurer:
(A) Maintains a surplus with regard to policyholders in an amount not less than $20 million; and (B) Submits to the authority of this state to examine its books and records. Subparagraph (A) of this paragraph shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system; (4)(A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section, for the payment of the valid claims of its United States policyholders and ceding insurers, their assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners Annual Statement form by licensed insurers to enable the Commissioner to determine the sufficiency of the trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20 million; provided, however, that, at any time after the assuming insurer has permanently discontinued underwriting new business secured by trust for at least three full years, the commissioner with principal regulatory oversight of the trust may authorize a reduction of the required trusteed surplus, but only after a finding, based upon an assessment of the risk, that the new required surplus level is adequate for the protection of United States ceding insurers, policyholders, and claimants in light of reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial review, including an independent analysis of reserves and cash flows, and shall consider all material risk factors, including, when applicable, the lines of business involved, the stability of the incurred loss estimates and the effect of the surplus requirements on the assuming insurer's liquidity or solvency. The minimum required trusteed surplus may not be reduced to an amount less than 30 percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers covered by the trust. In the case of a group including incorporated and individual unincorporated underwriters, the trust shall consist of a trusteed account representing the group's in an amount not less than the respective underwriters' liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group for all years of account; the incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members; and, within 90 days after its financial

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statements are due to be filed with the group's domiciliary regulator, the group shall make available provide to the Commissioner an annual certification of the solvency of each underwriter by the group's domiciliary regulator or, if a certification is unavailable, financial statements prepared by and its independent public accountants of each member of the group. (B) In the case of a group of incorporated insurers under common administration which complies with the filing requirements contained in subparagraph (A) of this paragraph and which has continuously transacted an insurance business outside the United States for at least three years immediately prior to making application for accreditation, and submits to this state's authority to examine its books and records and bears the expense of the examination, and which has aggregate policyholders' surplus of $10 billion; the trust shall be in an amount equal to the group's several liabilities attributable to business ceded by the United States ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of such group; plus the group shall maintain a joint trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group as additional security for any such liabilities, and within 90 days after its financial statements are due to be filed with the group's domiciliary regulator, each member of the group shall make available to the Commissioner an annual certification of the member's solvency by the member's domiciliary regulator and financial statements prepared by its independent public accountant. (C) Such trust shall be established in a form Credit for reinsurance shall not be granted under this paragraph unless the form of the trust and any amendments to the trust have been approved by the Commissioner commissioner of the state where the trust is domiciled or the commissioner of another state, who, pursuant to the terms of the trust agreement, has accepted principal regulatory oversight of the trust. The form of the trust and any trust amendments also shall be filed with the commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instruments instrument shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in the trustees of the trust for its United States policyholders and ceding insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject to examination as determined by the Commissioner. The trust must remain in effect for as long as the assuming insurer shall have outstanding obligations due under the reinsurance agreements subject to the trust. (D) No later than February 28 of each year the trustees of the trust shall report to the Commissioner in writing setting forth the balance of the trust and listing the trust's investments as of the end of the preceding year and shall certify the date of termination of the trust, if so planned, or certify that the trust shall not expire prior to the next following December 31; (5) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), or (4) of this subsection but only

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with respect to the insurance of risks located in jurisdictions where such reinsurance is required by applicable law or regulation of that jurisdiction; and if such assuming insurer has been certified by the Commissioner as a reinsurer in this state and secures its obligations in accordance with the requirements of this subsection.
(A) In order to be eligible for certification, the assuming insurer shall meet the following requirements:
(i) The assuming insurer shall be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined by the Commissioner pursuant to subparagraph (C) of this paragraph; (ii) The assuming insurer shall maintain minimum capital and surplus, or its equivalent, in an amount to be determined by the Commissioner pursuant to regulation; (iii) The assuming insurer shall maintain financial strength ratings from two or more rating agencies deemed acceptable by the Commissioner pursuant to regulation; (iv) The assuming insurer shall agree to submit to the jurisdiction of this state, appoint the Commissioner as its agent for service of process in this state, and agree to provide security for 100 percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers if it resists enforcement of a final United States judgment; (v) The assuming insurer shall agree to meet applicable information filing requirements as determined by the Commissioner, both with respect to an initial application for certification and on an ongoing basis; and (vi) The assuming insurer shall satisfy any other requirements for certification deemed relevant by the Commissioner. (B) An association including incorporated and individual unincorporated underwriters may be a certified reinsurer. In order to be eligible for certification, in addition to satisfying requirements of subparagraph (A) of this paragraph: (i) The association shall satisfy its minimum capital and surplus requirements through the capital and surplus equivalents, net of liabilities, of the association and its members, which shall include a joint central fund that may be applied to any unsatisfied obligation of the association of any of its members, in an amount determined by the Commissioner to provide adequate protection; (ii) The incorporated members of the association shall not be engaged in any business other than underwriting as a member of the association and shall be subject to the same level of regulation and solvency control by the association's domiciliary regulator as are the unincorporated members; and (iii) Within 90 days after its financial statements are due to be filed with the association's domiciliary regulator, the association shall provide to the Commissioner an annual certification by the association's domiciliary regulator of the solvency of each underwriter member; or if a certification is unavailable, financial statements, prepared by independent public accountants, of each underwriter member of the association.

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(C) The Commissioner shall create and publish a list of qualified jurisdictions under which an assuming insurer licensed and domiciled in such jurisdiction is eligible to be considered for certification by the Commissioner as a certified reinsurer.
(i) In order to determine whether the domiciliary jurisdiction of a non-United States assuming insurer is eligible to be recognized as a qualified jurisdiction, the Commissioner shall evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the jurisdiction, both initially and on an ongoing basis, and consider the rights, benefits, and the extent of reciprocal recognition afforded by the non-United States jurisdiction to reinsurers licensed and domiciled in the United States. A qualified jurisdiction shall agree to share information and cooperate with the Commissioner with respect to all certified reinsurers domiciled within that jurisdiction. A jurisdiction may not be recognized as a qualified jurisdiction if the Commissioner has determined that the jurisdiction does not adequately and promptly enforce final United States judgments and arbitration awards. Additional factors may be considered in the discretion of the Commissioner. (ii) A list of qualified jurisdictions shall be published through the National Association of Insurance Commissioners (NAIC) Committee Process. The Commissioner shall consider this list in determining qualified jurisdictions. If the Commissioner approves a jurisdiction as qualified that does not appear on the list of qualified jurisdictions, the Commissioner shall provide thoroughly documented justification in accordance with criteria to be developed under regulations. (iii) United States jurisdictions that meet the requirement for accreditation under the NAIC financial standards and accreditation program shall be recognized as qualified jurisdictions. (iv) If a certified reinsurer's domiciliary jurisdiction ceases to be a qualified jurisdiction, the Commissioner has the discretion to suspend the reinsurer's certification indefinitely, in lieu of revocation. (D) The Commissioner shall assign a rating to each certified reinsurer, giving due consideration to the financial strength ratings that have been assigned by rating agencies deemed acceptable to the Commissioner pursuant to regulation. The Commissioner shall publish a list of all certified reinsurers and their ratings. (E) A certified reinsurer shall secure obligations assumed from United States ceding insurers under this subparagraph at a level consistent with its rating, as specified in regulations promulgated by the Commissioner. (i) In order for a domestic ceding insurer to qualify for full financial statement credit for reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form acceptable to the Commissioner and consistent with the provisions of subsection (b) of this Code section, or in a multibeneficiary trust in accordance with paragraph (4) of this subsection, except as otherwise provided in this paragraph.

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(ii) If a certified reinsurer maintains a trust to fully secure its obligations subject to paragraph (4) of this subsection, and chooses to secure its obligations incurred as a certified reinsurer in the form of a multibeneficiary trust, the certified reinsurer shall maintain separate trust accounts for its obligations incurred under reinsurance agreements issued or renewed as a certified reinsurer with reduced security as permitted by this subsection or comparable laws of other United States jurisdictions and for its obligations subject to paragraph (4) of this subsection. It shall be a condition to the grant of certification under this paragraph that the certified reinsurer shall have bound itself, by the language of the trust and agreement with the commissioner with principal regulatory oversight of each such trust account, to fund, upon termination of any such trust account, out of the remaining surplus of such trust any deficiency of any other such trust account. (iii) The minimum trusteed surplus requirements provided in paragraph (4) of this subsection are not applicable with respect to a multibeneficiary trust maintained by a certified reinsurer for the purpose of securing obligations incurred under this subsection, except that such trust shall maintain a minimum trusteed surplus of $10 million. (iv) With respect to obligations incurred by a certified reinsurer under this subparagraph, if the security is insufficient, the Commissioner shall reduce the allowable credit by an amount proportionate to the deficiency, and shall have the discretion to impose further reductions in allowable credit upon finding that there is a material risk that the certified reinsurer's obligations will not be paid in full when due. (v) For purposes of this subparagraph, a certified reinsurer whose certification has been terminated for any reason shall be treated as a certified reinsurer required to secure 100 percent of its obligations:
(I) As used in this subparagraph, the term 'terminated' refers to revocation, suspension, voluntary surrender, and inactive status. (II) If the Commissioner continues to assign a higher rating as permitted by other provisions of this paragraph, this requirement shall not apply to a certified reinsurer in inactive status or to a reinsurer whose certification has been suspended. (F) If an applicant for certification has been certified as a reinsurer in an NAIC accredited jurisdiction, the Commissioner shall have the discretion to defer to that jurisdiction's certification, and shall have the discretion to defer to the rating assigned by that jurisdiction, and such assuming insurer shall be considered to be a certified reinsurer in this state. (G) A certified reinsurer that ceases to assume new business in this state may request to maintain its certification in inactive status in order to continue to qualify for a reduction in security for its in-force business. An inactive certified reinsurer shall continue to comply with all applicable requirements of this paragraph, and the Commissioner shall assign a rating that takes into account, if relevant, the reasons why the reinsurer is not assuming new business;

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(6) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), (4) or (5) of this subsection, but only as to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation of that jurisdiction; (6)(7) If the assuming insurer is not licensed, or accredited, or certified to transact insurance or reinsurance in this state, the credit permitted by paragraphs (3) and (4) of this subsection shall not be allowed unless the assuming insurer agrees in the reinsurance agreements:
(A) That, in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will shall comply with all requirements necessary to give the court jurisdiction, and will shall abide by the final decision of such the court or of any appellate court in the event of an appeal; and (B) To designate the Commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the ceding company insurer. This paragraph is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if this obligation is created in the agreement; (8) If the assuming insurer does not meet the requirements of paragraph (1), (2), or (3) of this subsection, the credit permitted by paragraph (4) or (6) of this subsection shall not be allowed unless the assuming insurer agrees in the trust agreements to the following conditions: (A) Notwithstanding any other provisions in the trust instrument, if the trust fund is inadequate because it contains an amount less than the amount required by subparagraphs (A) and (B) of paragraph (4) of this subsection, as applicable, or if the grantor of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation, or similar proceedings under the laws of its state or country of domicile, the trustee shall comply with an order of the commissioner with regulatory oversight over the trust or with an order of a court of competent jurisdiction directing the trustee to transfer to the commissioner with regulatory oversight all of the assets of the trust fund; (B) The assets shall be distributed by and claims shall be filed with and valued by the commissioner with regulatory oversight in accordance with the laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic insurance companies; (C) If the commissioner with regulatory oversight determines that the assets of the trust fund or any part thereof are not necessary to satisfy the claims of the United States ceding insurers of the grantor of the trust, the assets or part thereof shall be returned by the commissioner with regulatory oversight to the trustee for distribution in accordance with the trust agreement; and

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(D) The grantor shall waive any right otherwise available to it under United States law that is inconsistent with this provision. (9) If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the Commissioner may suspend or revoke the reinsurer's accreditation or certification. (A) The Commissioner shall give the reinsurer notice and opportunity for hearing. The suspension or revocation shall not take effect until after the Commissioner's order on hearing, unless:
(i) The reinsurer waives its right to hearing; (ii) The Commissioner's order is based on regulatory action by the reinsurer's domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer's eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer under subparagraph (F) of paragraph (5) of this subsection; or (iii) The Commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the Commissioner's action. (B) While a reinsurer's accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer's obligations under the contract are secured in accordance with subsection (b) of this Code section. If a reinsurer's accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation except to the extent that the reinsurer's obligations under the contract are secured in accordance with subparagraph (E) of paragraph (5) of this subsection or subsection (b) of this Code section. (10) Concentration Risk: (A) A ceding insurer shall take steps to manage its reinsurance recoverable proportionate to its own book of business. A domestic ceding insurer shall notify the Commissioner within 30 days after reinsurance recoverables from any single assuming insurers, or group of affiliated assuming insurers, exceeds 50 percent of the domestic ceding insurer's last reported surplus to policyholders, or after it is determined that reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer. (B) A ceding insurer shall take steps to diversify its reinsurance program. A domestic ceding insurer shall notify the Commissioner within 30 days after ceding to any single assuming insurer, or group of affiliated assuming insurers, more than 20 percent of the ceding insurer's gross written premium in the prior calendar year, or after it has determined that the reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.

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(b) A An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of subsection (a) of this Code section shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer and such reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with such assuming insurer as security for the payment of obligations thereunder, if such security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the case of a trust, held in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section. This security may be in the form of:
(1) Cash; (2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners, including those deemed exempt from filing as defined by the Purposes and Procedures Manual of the Securities Validation Office, and qualifying as admitted assets; (3) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States institution, as defined in paragraph (1) of subsection (c) of this Code section, no later than December 31 of the year for which filing is being made, and in the possession of, or in the trust for, the ceding company insurer on or before the filing date of its annual statement. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or confirmation shall, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or (4) Any other form of security acceptable to the Commissioner. (c)(1) For purposes of paragraph (3) of subsection (b) of this Code section, 'qualified United States financial institution' means an institution that:
(A) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof; (B) Is regulated, supervised, and examined by the United States federal or state authorities having regulatory authority over banks and trust companies; and (C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (2) A 'qualified United States financial institution' means, for the purposes of those provisions of this Code section specifying those institutions that are eligible to act as a fiduciary of a trust, an institution that:

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(A) Is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and (B) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies."

SECTION 6. Said title is further amended by revising paragraph (1) of subsection (c) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies and procedure for review by Commissioner, as follows:
"(1) The named insured failed to discharge when due any of his obligations in connection with the payment of premiums on such policy or any installment of premiums or the renewal of premiums, whether payable directly to the insurer or indirectly to the agent. Notwithstanding the provisions of subsection (d) of Code Section 33-24-44, such notice of cancellation issued to an insured, who is paying on a monthly basis, may be included with the bill issued to the insured, provided that the bill is mailed to the insured at least ten days prior to the due date;".

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

E 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
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley

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

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 Y Scott, M Y Scott, S

Y Thomas 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, by substitute, the ayes were 152, nays 0.

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

Representatives Beasley-Teague of the 65th, Dawkins-Haigler of the 93rd, McBrayer of the 153rd, Mosby of the 90th, and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the votes of Representatives Hill of the 21st and Murphy of the 120th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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.

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

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

Y Abdul-Salaam Y Abrams Y Allison
Amerson

Y Davis Dawkins-Haigler
Y Dempsey E Dickerson

Heckstall Y Hembree Y Henson Y Hightower

Y Mayo McBrayer
Y McCall Y McKillip

E Setzler Y Shaw Y Sheldon Y Sims, B

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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
Cooper Y Crawford

Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner E Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England
Epps, C Y Epps, J Y Evans Y Floyd
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 Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs E James Y Jasperse Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long E Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

Y Meadows Y Mitchell Y Morgan Y Morris
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 E Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S

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
Stephenson Y Talton Y Tankersley Y Taylor, D
Taylor, R Y Taylor, T Y Teasley Y Thomas 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 0.

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

Representatives Dawkins-Haigler of the 93rd, McBrayer of the 153rd, Mosby of the 90th, and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

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participation in health insurance plans and other activities; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to provide that exemptions from certain unfair trade practices for certain wellness and health improvement programs and incentives include insurers issuing life plans; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, is amended by revising Code Section 33-24-59.13, relating to exemptions from certain unfair trade practices for certain wellness and health improvement programs and incentives, as follows:
"33-24-59.13. (a) An insurer issuing life, comprehensive, major medical group, or individual health insurance benefit plans may, in keeping with federal requirements, offer wellness or health improvement programs, including voluntary wellness or health improvement programs that provide for rewards or incentives, including, but not limited to, merchandise, gift cards, debit cards, premium discounts, credits or rebates, contributions towards a member's health savings account, modifications to copayment, deductible, or coinsurance amounts, cash value, or any combination of these incentives, to encourage participation in such wellness or health improvement programs and to reward insureds for participation in such programs.
(b) The offering of such rewards or incentives to insureds under such wellness or health improvement programs shall not be considered an unfair trade practice under Code Section 33-6-4 if such programs are filed with the Commissioner and made a part of the life or health insurance master policy and certificates or the individual life or health insurance evidence of coverage as a policy amendment, endorsement, rider, or other form of policy material as agreed upon by the Commissioner. The Commissioner shall be authorized to develop an automatic or expedited approval process for review of such wellness or health improvement programs, including those programs already approved under the laws and regulations of other states."

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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:

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

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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey
Long E 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
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 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 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
Taylor, R Y Taylor, T Y Teasley Y Thomas 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 158, nays 0.

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

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Representatives Dawkins-Haigler of the 93rd, Long of the 61st, and Mosby of the 90th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Stephenson of the 92nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

SB 464. By Senators Ligon, Jr. of the 3rd and Jackson of the 2nd:

A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to limit the number of commercial crabbing licenses issued; to provide for the requirement of a court document when transferring a commercial crabbing licenses upon a death; to provide for the sale of commercial crabbing licenses in certain instances; to provide for specific penalties for the unlawful taking of crabs from the traps of another; 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 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for new fishing license requirements; to create a one-day salt-water shore fishing license; to limit the number of commercial crabbing licenses issued; to provide for the requirement of a court document when transferring a commercial crabbing licenses upon a death; to provide for the sale of commercial crabbing licenses in certain instances; to provide for specific penalties for the unlawful taking of crabs from the traps of another; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1A. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Code Section 27-2-23, relating to licenses, permits, tags, and stamp fees, by adding a new subparagraph in paragraph (4) to read as follows:

"(I) Salt-water shore fishing license

One-day

5.00"

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SECTION 1B. Said title is further amended by revising subsection (e) of Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, as follows:
"(e)(1) The department shall begin issuing commercial crabbing licenses on April 1, 1995; provided, however, that until July 1, 1998, only a person who was in possession of a valid 1994-1995 license year commercial fishing license, who was listed as an owner or a captain on a valid 1993-1994 or 1994-1995 nontrawler commercial fishing boat license, and who can provide evidence satisfactory to the department that he or she commercially sold crabs ex-vessel during either the 1993-1994 or 1994-1995 license years shall be eligible to be issued a commercial crabbing license; provided, further, that the department may, in its discretion, issue a commercial crabbing license to a person who produces documentation satisfactory to the department that he or she, because of hardship, was unable to obtain a commercial fishing license during the 1994-1995 licensing year. A license issued pursuant to this paragraph shall be nontransferable and shall be issued annually for the fee specified in Code Section 272-23. (2) Except as provided in Code Section 27-4-133, from April 1, 1995, only a person in possession of a valid commercial crabbing license may operate a commercial fishing boat for the purpose of commercial crabbing activities as provided for in subsections (b) and (c) of this Code section. Such license shall be distinct from and in addition to the commercial fishing boat license required by Code Section 27-2-8. (3) On and after July 1, 1998, only those persons who were in possession of a commercial crabbing license and were listed as the owner or captain on a nontrawler commercial fishing boat license in two of the three license years from the 1995-1996 license year through the 1997-1998 license year and can provide evidence satisfactory to the department that he or she sold crabs ex-vessel during the time he or she was so licensed shall be eligible to be issued a commercial crabbing license. Any person desiring a commercial crabbing license for the 1998-1999 license year must make application not later than August 31, 1998. (4)(2) On and after May 1, 2013, the The total number of new commercial crab crabbing licenses issued for license years after the 1998-1999 license year shall not exceed the number of such licenses issued for the 1998-1999 license year shall not exceed 100. Those commercial crabbing licenses issued prior to May 1, 2013, shall remain active until such time the license is not renewed. Any license which is not renewed by May 1 of any license year subsequent to the 1998-1999 license year shall revert to the department for reissue by lottery devised and operated by the department. No person may hold more than one license at any time. (5)(3) Commercial crab crabbing licenses may not be sold for consideration and may not be transferred to another person; provided, however, that such licenses may only be transferred: to any person not holding a current commercial crabbing license unless otherwise prohibited by law or regulation. (4) Commercial crabbing licenses may be transferred

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(A) Without payment of the license fee to the licensee's spouse, children, lineal descendants, siblings, or parents lineal ancestors if the licensee dies or is permanently and totally disabled. An instrument of the court declaring the rightful heir or recipient may be required for transfers upon a death. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veterans Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation. The transferee of a license so transferred shall engage in commercial crabbing as evidenced by his or her commercial crab harvest records within two years after such transfer or the license shall revert to the department for reissue as provided in paragraph (4)(2) of this subsection; or. (B) With payment to the department of the license fee to any person who is the bona fide purchaser of the nontrawler boat or vessel the licensee used for crabbing and designated for such purpose as provided in subsection (e) of Code Section 27-4151. (6) Any person receiving a commercial crab crabbing license by transfer as provided in subparagraphs (A) and (B) of paragraph(5) of this subsection shall register such transfer with the department and pay to the department the license fee, if so required, within 30 days following the date of the transfer."
SECTION 2. Said title is further amended by revising subsection (d) and paragraph (3) of subsection (g) of Code Section 27-4-151, relating to the use of crab traps, as follows:
"(d)(1) When the float of a commercial crab trap has been identified as provided in this Code section, it shall be unlawful for any person, other than the licensed commercial crab fisherman or a sole individual licensed as required in subsection (b) of Code Section 27-4-150 and carrying on his or her person written permission from the licensed commercial crab fisherman if the department has been previously notified in writing of such permission, to pull such trap or to take crabs from such trap or intentionally to damage, destroy, remove from the water any crab trap or float thereof, or to use such a float for any purpose. It shall also be unlawful for any person to use such a float for any purpose other than to mark a submerged crab trap. For purposes of determining the number of crab traps a person is employing, it shall be conclusively presumed that a crab trap is tethered to each such float. (2) In addition to the penalty provided by Code Section 27-1-38, any person convicted of violating the provisions of this subsection shall be penalized as follows:
(A) On a first offense, his or her crabbing license shall be suspended for a period of three months, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license;

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(B) On a second offense, his or her crabbing license shall be suspended for a period of six months, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license; and (C) On a third or any subsequent offense, his or her crabbing license shall be permanently revoked and the person shall be prohibited from purchasing a license in the future." "(3) Any person violating the provisions of paragraph (1) or (2) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished by a fine of not more than $2,000.00 or incarceration for not longer than one year or both. In addition to such criminal penalty, any person found guilty of employing more than the permitted number of crab traps shall pay a civil fine of $100.00 for each excess trap. In addition to such criminal and civil penalties, the license of any person found guilty of employing more than 50 excess crab traps shall be suspended for one year, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license. Upon a second or subsequent such offense, the person's license shall be revoked for one year, and at the end of that time such person must apply for a new license as if he or she had never before been in possession of a license; provided, however, that such individual shall not be eligible to receive a license through transfer pursuant to paragraph (5) (3) or (4) of subsection (e) of Code Section 27-4-150."

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 E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway

Y Davis Y Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner E Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart Y England Y Epps, C Y Epps, J

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 E James Y Jasperse

Y Mayo Y McBrayer Y McCall
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

E Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C E 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

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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 Y Crawford

Y Evans Floyd 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 Kirby Y Knight Y Lane Y Lindsey
Long E Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

Y Parent Y Parrish Y Parsons Y 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 Y Scott, M Y Scott, S

Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas 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 2.

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.

By unanimous consent, the following Bill of the Senate, having been previously postponed, was again postponed until the next legislative day:

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.

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

HOUSE SUPPLEMENTAL RULES CALENDAR MONDAY, MARCH 26, 2012

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Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HR 1731

House Comprehensive Motor Vehicle and Traffic Reform Study Committee; create (JudyNC-Rice-51st)

Modified Open Rule

SB 117 SB 268

Levy/Sale of Property; increase the amount of certain exemptions (JudyJacobs-80th) Stone-23rd Board of Education of Jones County; provide that future elections for members shall be conducted on a nonpartisan basis (IGC-Holmes-125th) Staton-18th

Modified Structured Rule

SB 236 SB 302

Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits (Substitute)(JudyNC-Ramsey-72nd) Cowsert-46th Georgia Higher Education Facilities Authority; increase the amount of bonding authority (HEd-Rogers-26th) Staton-18th

Structured Rule

SB 402 SR 843

"Employees' Retirement System of Georgia Enhanced Investment Authority Act"; define certain terms relating to certain types of investments (Substitute)(Ret-Maxwell-17th) Golden-8th Bert Ward Memorial Bridge; Catoosa County; dedicate (Substitute)(TransRoberts-154th) Mullis-53rd

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

HR 1731. By Representatives Rice of the 51st, Golick of the 34th, Powell of the 29th, Setzler of the 35th, Harden of the 28th and others:

A RESOLUTION creating the House Comprehensive Motor Vehicle and Traffic Reform Study Committee; 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
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
Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke
Coomer Y Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner E 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 E Golick Y Gordon E Greene E Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Heckstall Y Hembree Y Henson
Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey
Long E 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 Y Oliver Y O'Neal
Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey E Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rynders Y Scott, M Y Scott, S

E 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 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 adoption of the Resolution, the ayes were 154, nays 0.

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

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.

SB 268. By Senators Staton of the 18th and Grant of the 25th:

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 provide that future elections for board of education members shall be conducted on a nonpartisan basis; to provide for applicability; to provide for related matters; to provide for submission 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.

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
Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield N Benton
Beverly Y Black N Braddock N Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
Byrd Y Carson Y Carter Y Casas

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

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

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby N Murphy N Neal, J
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 Purcell
Ramsey

E Setzler Y Shaw
Sheldon Y Sims, B Y Sims, C E 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 Y Taylor, D Y Taylor, R Y Taylor, T N Teasley Y Thomas
Waites Y Watson Y Welch N Weldon

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

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

Y Knight Y Lane Y Lindsey
Long E Maddox, B
Maddox, G Y Manning Y Marin N Martin N Maxwell

E Randall Y Reece Y Rice Y Riley Y Roberts N Rogers, C N Rogers, T N Rynders Y Scott, M N Scott, S

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 120, nays 30.

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

Representatives Long of the 61st 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.

Representatives Dollar of the 45th and Welch of the 110th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

SR 843. By Senator Mullis of the 53rd:

A RESOLUTION honoring the life of Mr. Bert Ward and dedicating a bridge in his memory; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

Dedicating certain portions of the state highway system; repealing certain resolutions; repealing conflicting laws; and for other purposes.

PART I WHEREAS, Mr. Bert Ward was born on May 30, 1922, in Catoosa County, Georgia, was educated in the Catoosa County public school system, and graduated from Ringgold High School; and

WHEREAS, Mr. Ward served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously protecting his fellow Americans during World War II on the USS Gillis and the USS Williamson in the Pacific; and

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WHEREAS, he sustained injuries during his service when his ship was torpedoed by Japanese submarines in the North Pacific; and
WHEREAS, upon returning home after the war, Mr. Ward continued his public service as Catoosa County Tax Commissioner, diligently and conscientiously devoting innumerable hours of his time, talents, and energy toward the betterment of his community and state for 19 years; and
WHEREAS, he was elected to represent Catoosa County as a State Representative in the Georgia General Assembly in 1967 and 1968; and
WHEREAS, Mr. Ward served as a judge in Catoosa County for several years before he was elected to serve on the Board of Commissioners of Catoosa County; and
WHEREAS, as a member of the Board of Commissioners, Mr. Ward was instrumental in establishing procedures, policies, and rules and regulations of the board and helped in the establishment of the county's 911emergency response system and the naming of the Catoosa Parkway; and
WHEREAS, Mr. Ward'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 earned him the respect and admiration of his colleagues and associates; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and service of this remarkable and distinguished Georgian be appropriately recognized.
PART II WHEREAS, the Rev. Martin Luther King, Jr., stands as one of the most prominent Georgians of the 20th Century; and
WHEREAS, Rev. King attended public school in Georgia, graduating from high school at the age of 15, and received his bachelor's degree in 1948 from Morehouse College; and
WHEREAS, after three years of theological study at Crozer Theological Seminary in Pennsylvania, where he was elected president of the senior class, he was awarded a divinity degree in 1951, and, with a fellowship won at Crozer, he enrolled in graduate studies at Boston University, completing his residence for the doctorate in 1953 and receiving his doctoral degree in 1955; and
WHEREAS, in 1957, he was elected president of the Southern Christian Leadership Conference, and, in the 11 years between 1957 and 1968, he traveled over 6 million miles

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and spoke over 2,500 times in support of civil rights and wrote five books as well as numerous articles; and
WHEREAS, he led a massive protest in Birmingham, Alabama, that caught the attention of the entire world, providing what he called a coalition of conscience and inspiring his "Letter from a Birmingham Jail," a manifesto of the Civil Rights Movement in the United States; and
WHEREAS, he also planned and participated in numerous protests and demonstrations for the cause of civil rights including the peaceful march on Washington, D.C., of 250,000 people to whom he delivered his famous "I Have a Dream" address at the Lincoln Memorial; and
WHEREAS, he was awarded five honorary degrees; was named Man of the Year by Time magazine in 1963; and, at the age of 35, was the youngest man to have been awarded the Nobel Peace Prize; and
WHEREAS, through his tireless work on behalf of civil rights for all people, he became not only the symbolic leader of African Americans in the United States but also a world figure in the fight for justice for all; and
WHEREAS, it is fitting and proper to dedicate the entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line as the Martin Luther King, Jr. Parkway as an appropriate tribute to this outstanding Georgian.
PART III WHEREAS, Roy Parrish was born in Walker County, Georgia, on November 29, 1933, one of four children born to Roy E. Parrish, Sr., and the former Annie May Autry; the Parrish family and the Autry family were pioneers to Walker County and have made this county their homes since the eighteenth century; and
WHEREAS, Mr. Parrish was educated in the City of Chickamauga School System and graduated from Gordon Lee High School in 1953; he started to work for the Chickamauga Telephone Company while still in high school, and he remained in their employ for 19 years, the last several as general manager; and
WHEREAS, he also served two years on active duty with the United States Army in Korea; and
WHEREAS, he was elected Sole Commissioner of Walker County in the Democratic Primary of 1972 and took office January 1, 1973; he went on to serve six, four-year terms; and

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WHEREAS, some of his major accomplishments include building the first sanitary landfill in 1973 and operating it for 23 years; building and paving the county roads; passing the first Local Option Sales Tax Referendum in 1977 that rolled back county property tax and for the first time offered property tax relief to the local community; building the civic center, pavilion, and the 911 Center; building a tunnel from the courthouse to the jail for security; and building and operating an animal shelter, 16 fire stations, and 126 bridges; and
WHEREAS, Mr. Parrish worked with Georgia Department of Transportation and the United States Department of the Interior as well as the National Park Service and Congressman Buddy Darden to get a better corridor through or around the Chickamauga Battlefield and was largely responsible for getting the western route through Walker County established as the relocated Highway 27 around the Chickamauga National Park; and
WHEREAS, he has been married to the former Cora Ann Kell, also a native of Walker County, for more than 50 years, and they have two children, two grandchildren, and two great-grandchildren; they live in the City of Chickamauga where they are active members of the Elizabeth Lee United Methodist Church; and
WHEREAS, he retired, undefeated, from public office in 1996 and now enjoys the freedom of retirement; he and Cora Ann spend time traveling, enjoying their family, gardening, and working in their church where Roy has recruited many of his friends; and
WHEREAS, it is only fitting and proper that a lasting tribute to this life of public service be established.
PART IV WHEREAS, Dr. Johnny M. Hunt has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and
WHEREAS, Dr. Hunt was born on July 17, 1952, in Lumberton, North Carolina, and is a graduate of Gardner-Webb College and Southeastern Baptist Theological Seminary; and
WHEREAS, he has served as pastor of Longleaf Baptist Church in Wilmington, North Carolina; Falls Baptist Church in Wake Forest, North Carolina; and Lavonia Baptist Church in Mooresboro, North Carolina; and
WHEREAS, Dr. Hunt was called by the Lord in 1986 to lead the congregation of First Baptist Church of Woodstock as the church's senior pastor; and

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WHEREAS, his vision and direction have helped First Baptist Church of Woodstock grow in size and influence, uplifting the community like the light of Bethlehem and serving as a spiritual leader and place for fellowship; and
WHEREAS, Dr. Hunt has served as president of the Southern Baptist Convention and president of the Pastors' Conference of the Southern Baptist Convention; and
WHEREAS, whether the task is preparing a sermon, visiting the sick, counseling the troubled, baptizing a new believer, or acting as a theologian, educator, administrator, or humanitarian, Dr. Hunt serves as a shining example of God's righteous path; and
WHEREAS, the unmatched spiritual assistance offered by Dr. Hunt is a source of strength and direction for persons in all walks of life and from all economic strata; and
WHEREAS, it is abundantly fitting and proper that this enduring example of God's message of peace and love be recognized.
PART V 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, Korean War 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 served as guardians of this nation's freedom and liberty and diligently and conscientiously underwent intensive and rigorous training in order to serve their country with honor and distinction during a time of war; and
WHEREAS, it is important that Korean War 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, Korean War 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 VI WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Lance Corporal William Taylor Richards; and

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WHEREAS, Lance Corporal Richards served as a guardian of this nation's freedom and liberty with the United States Marines Corps; and
WHEREAS, he was born on January 31, 1990, in Trenton, Georgia, and graduated from Dade County High School, where he was known as a talented musician; and
WHEREAS, Lance Corporal Richards was stationed in the Helmand province of Afghanistan when he was killed while serving in support of Operation Enduring Freedom; and
WHEREAS, Lance Corporal Williams was awarded a Rifle Expert Medal, an Afghanistan Campaign Medal, a National Defense Service Medal, a Global War Service Medal, a War on Terrorism Medal, and a Purple Heart; and
WHEREAS, he leaves behind many who will cherish his memory, including his wife Emily and his beautiful daughter Kayden Leigh; and
WHEREAS, it is only fitting and proper that a lasting memorial to Lance Corporal Richards' life of service to his country be established.
PART VII WHEREAS, Mr. William G. Long has long been recognized by the citizens of this state for the vital role he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Mr. Long 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 to the City of Woodstock as a city council member, a member of the Planning Commission, a city judge, and mayor over the course of 40 years; and
WHEREAS, first elected to serve the public in 1966 as a member of the Woodstock City Council, Mr. Long is one of Woodstock's most distinguished citizens and dedicated servants; and
WHEREAS, Mr. Long'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 earned him the respect and admiration of his colleagues and associates; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized.

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PART VIII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Preston B. Lewis, Jr.; and
WHEREAS, a graduate of Waynesboro High School, Mr. Lewis served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting America during the Korean War; and
WHEREAS, he trained at the United States Navy Submarine School, received a Bronze Star, and attained the rank of captain; and
WHEREAS, Mr. Lewis graduated from the University of Georgia with a bachelor's degree in business administration and a law degree before he joined his father's legal practice, Lewis & Lewis, where he practiced law for 30 years; and
WHEREAS, he served as juvenile court judge for more than 30 years and served the people of Georgia as a member of the Georgia House of Representatives for six terms and the Georgia Senate for one term; and
WHEREAS, a community leader, Mr. Lewis was a Rotarian and served as president of the Waynesboro Shrine Club and as a member of the Waynesboro Masonic Lodge, the American Legion, and First United Methodist Church; and
WHEREAS, he left behind many who will cherish his memory, including his wife of 58 years, Katherine Honey Hill; four children, Preston Brooks Lewis III, Clifford Ellis Lewis, Julian Carlton Lewis, and Katherine Virginia Lewis Jones; and 11 grandchildren; and
WHEREAS, it is only fitting and proper that a lasting memorial to Mr. Lewis' life of service to this state be established.
PART IX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Deputy James D. Paugh on October 23, 2011; and
WHEREAS, Deputy Paugh 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, known by friends and family as "J.D.," Deputy Paugh was a dedicated deputy with the Richmond County Sheriff's Office for 17 years; and

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WHEREAS, Deputy Paugh's life was tragically cut short after stopping behind a vehicle on Interstate Route 520 in Augusta-Richmond County when the occupant of the vehicle opened fire upon him; and
WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and his efficient and effective commitment to excellence was continually recognized by his peers; and
WHEREAS, a native of Augusta, Georgia, Deputy Paugh was the beloved son of Wayne and Anita Paugh and father of Brandon; and
WHEREAS, Deputy Paugh was a dedicated public servant who will long be remembered for his courage and selflessness, and he will be missed by all who had the great fortune of knowing him.
PART X WHEREAS, Mr. John S. Gibson played a vital role in leadership and demonstrated deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Mr. Gibson was born in Folkston, Georgia, one of 11 beloved children of William Owen and Julia Ann Gibson; and
WHEREAS, a graduate of Georgia State Normal College and Business Institute, Mr. Gibson was admitted to the bar in 1922 and had a reputation as an aggressive trial lawyer who was well known for his colorful and humorous arguments; and
WHEREAS, Mr. Gibson served as solicitor-general for the City of Douglas and the Waycross Circuit Court before serving as a United States Congressman for the Eighth District of Georgia; and
WHEREAS, he represented the people of Georgia for three terms and is credited with playing a decisive role in the passage of the Servicemen's Readjustment Act of 1944, better known as the G.I. Bill; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and
WHEREAS, Mr. Gibson served with honor and distinction for the State of Georgia and this nation, and his vision and unyielding commitment set the standard for public service; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized.

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PART XI WHEREAS, written and composed by Ricky Fitzpatrick, "Highway 98" describes the joy of traveling down one of Georgia's great highways; and
WHEREAS, the lyrics tell of local landmarks from Commerce to Danielsville to the farms and barns of Midway and beyond; and
WHEREAS, a long, straight, and picturesque road, Highway 98 is surrounded by pastures and wide open spaces; and
WHEREAS, the feeling of freedom and nostalgia for a simpler time that one gets when driving down Highway 98 is depicted perfectly in the lyrics of Fitzpatrick's "Highway 98"; and
WHEREAS, it is abundantly fitting and proper that "Highway 98" be recognized for its promotion of Georgia and its tribute to one of this state's great roads.
PART XII WHEREAS, Mrs. Ruth B. Crawford has long been recognized by the citizens of this state for the vital role that she has played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Mrs. Crawford earned a bachelor's degree from Paine College and a master's degree from Indiana University and dedicated 38 years to uplifting the lives of students through her work in the field of education; and
WHEREAS, upon her retirement from the Richmond County School System in 1977, Mrs. Crawford founded the Shiloh Comprehensive Community Center, where she served for 30 years as founding executive administrator; and
WHEREAS, her contributions to education and her community have been recognized with numerous honors and accolades, including the Jefferson Award for Outstanding Service from WJBF-TV, Humanitarian of the Year Award from University Hospital, Good Samaritan Award from the St. Joseph Foundation, Anna Eleanor Roosevelt Award from Alpha Kappa Alpha Sorority, and a Women of Distinction Award from the Girl Scouts of America; and
WHEREAS, a resident of Augusta, Georgia, Mrs. Crawford is a long-time supporter of Paine College, serves as a charter member of the Presidents Club, has been selected as one of the Distinguished Alumni, and assisted in designing the school flag; and

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WHEREAS, Mrs. Crawford has lived on State Route 4 in Richmond County for over 45 years, where she has attended Williams Memorial CME Church and dedicated her time to improving the lives of others in the community; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized.
PART XIII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Deputy James D. Paugh on October 23, 2011; and
WHEREAS, Deputy Paugh 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, known by friends and family as "J.D.," Deputy Paugh was a dedicated member of the Richmond County Sheriff's Office for 17 years; and
WHEREAS, Deputy Paugh's life was cut tragically short while protecting the public near the interchange of U.S. Route 78/State Route 10 with Interstate Route 520 in AugustaRichmond County; and
WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and his efficient and effective commitment to excellence was continually recognized by his peers; and
WHEREAS, Deputy Paugh was a dedicated public servant who will long be remembered for his courage and selflessness, and he will be missed by all who had the great fortune of knowing him.
PART XIV WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. John B. Box on February 12, 2012; and
WHEREAS, Mr. Box was a well known and beloved resident of Greene County, Georgia, where he owned The Richland Bar for nearly 30 years; and
WHEREAS, a talented artist, Mr. Box sung professionally for over three decades and served as the headlining artist for such stars as Frank Sinatra, Tony Bennett, Perry Como, and Al Martino; and
WHEREAS, known as the Golden Voice of Greensboro, Mr. Box performed the National Anthem at numerous local sporting events and public gatherings; and

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WHEREAS, a man of deep and abiding faith, Mr. Box was a long-time member of First United Methodist Church, where he contributed to the chorus; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized.
PART XV WHEREAS, Harold Shedd is highly regarded by the citizens of Haralson County and the State of Georgia as a giant and a visionary in the music industry; and
WHEREAS, he was born on November 8, 1931, and began work in Bremen as a member of a local band; and
WHEREAS, he worked in radio for 14 years as a disk jockey, engineer, sales manager, and, finally, station owner and, in 1972, he sold radio station WWCC and moved to Nashville, Tennessee where, by 1979, he was co-owner of the Music Mill recording studio, which during its heyday was known as one of the top ten recording studios in Nashville; and
WHEREAS, he was instrumental in discovering the group Alabama and signing them to RCA and producing 21 consecutive number one hits for the band, a record that stands to this day; and
WHEREAS, he also produced albums for Roger Miller, Mel Tillis, Louise Mandrell, Dobie Gray, K. T. Oslin, Glen Campbell, and Willie Nelson; and
WHEREAS, his collaboration with Reba McIntire led to her first gold record; and
WHEREAS, in 1988, he joined Mercury Polygram Records Nashville where, over the next six years, he oversaw the signing of Kentucky Headhunters, Shania Twain, Billy Ray Cyrus, Toby Keith, and Kathy Mattea; and
WHEREAS, in 1989, he was inducted into the Georgia Music Hall of Fame; and
WHEREAS, he is still the all-time, number one country independent record producer; and
WHEREAS, it is fitting and proper to dedicate United States Highway 27 in Haralson County from the Polk County line to the Carroll County line as the Harold Shedd Highway as an appropriate tribute to this outstanding Georgian.

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PART XVI WHEREAS, on December 17, 2005, the State of Georgia lost one of its finest and most outstanding citizens with the passing of Mr. Charles N. "Judy" Poag; and
WHEREAS, Charles Poag graduated from Murray County High School in 1951, and he treasured the Cleveland Indian's baseball jacket he earned while pitching for the Cleveland farm club; and
WHEREAS, after obtaining a degree from Lincoln Memorial College in 1955, he returned to Murray County High School where he made headlines in the early years of his teaching and coaching career by being the first coach to take the girls team to the state playoffs; and
WHEREAS, Charles Poag's prominent political career began in 1960 when he was the youngest sheriff ever elected in Georgia, serving 16 years in office; and
WHEREAS, he also worked as a police officer for the Chatsworth Police Department for five years and as a state investigator for the State of Georgia in addition to being a member of the Georgia House of Representatives for ten years, prodigiously serving the State of Georgia and its citizens with an unwavering commitment to honor and integrity; and
WHEREAS, he dedicated his life to helping others, especially the senior citizens of Murray County, for whom he was the driving force that led to the building of the senior citizens center in Chatsworth appropriately named the "Charles Judy Poag Senior Citizen Center"; and
WHEREAS, he was a loving husband, father, and grandfather, and his passing left an unfillable void in the hearts and lives of his family, friends, and associates.
PART XVII WHEREAS, Lieutenant Kelso C. Horne served as a guardian of this nation's freedom and liberty as a second lieutenant in the 82nd Airborne Division during World War II; and
WHEREAS, Lieutenant Horne was a resident of Dublin, Georgia, and graced the cover of LIFE magazine on August 14, 1944, as a representation of the one of thousands of men who were fighting to win the battle for France; and
WHEREAS, at 2:06 A.M. on June 6, 1944, Lieutenant Horne leapt from his transport plane and parachuted into Normandy; and

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WHEREAS, after weeks of fighting to gain ground against the enemy, Lieutenant Horne was at the head of an infantry column that was advancing on a German-held town when he was stopped by a staff car and asked to be photographed; and
WHEREAS, Lieutenant Horne was injured by shellfire in July 1944, and as he healed from his injuries in England he saw his photo on the cover of LIFE magazine; and
WHEREAS, after he returned home from the war, Lieutenant Horne continued to serve his country with the United States Postal Service; and
WHEREAS, it is only fitting and proper that a lasting tribute to Lieutenant Horne's memory and life of service to his country be established.
PART XVIII WHEREAS, Hugh Carroll Butler was born on September 1, 1934, in Ramhurst, Georgia, and passed away on December 22, 2010; and
WHEREAS, he lived in Port Wentworth, Georgia, for 48 years after moving to the area with his wife while serving in the United States Air Force; and
WHEREAS, he was a member of the city council of Port Wentworth for 20 years; and
WHEREAS, he served for many years as the chairman of the Good Samaritan Committee of Port Wentworth, which was formed to help travelers in need of assistance and to deliver baskets of food to needy families during the Christmas season; and
WHEREAS, Carroll was a member of the Lions Club for over 25 years and served as its president on several occasions; and
WHEREAS, he was an active member of the First Baptist Church of Port Wentworth for 45 years, serving as a deacon and Sunday school director; and
WHEREAS, he and his wife of nearly 55 years, Carolyn Scott Butler, were blessed with two children, four grandchildren, and two great-grandchildren; and
WHEREAS, it is only fitting and proper that the life well lived of Hugh Carroll Butler, with his devotion to his family, his church, his community, and his country, be memorialized with a lasting monument.
PART XIX WHEREAS, Mr. Jim Wetherington has long been recognized by the citizens of this state for the vital role he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

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WHEREAS, Mr. Wetherington 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 to the Columbus Police Department, the State Board of Pardons and Paroles, and the Department of Corrections; and
WHEREAS, he earned a bachelor's degree from Columbus State University and a master's degree from Georgia State University; and
WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army; and
WHEREAS, Mr. Wetherington served as president of the Georgia Association of Chiefs of Police, an organization which recognized him as Police Chief of the Year in 1994; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized.
PART XX WHEREAS, Mrs. Glenda and Dr. John Covington have been residents of Paulding County, Georgia, since 1958; and
WHEREAS, in addition to a establishing a thriving and caring medical practice in Paulding County, Dr. Covington opened a local branch of Citizens Bank and a savings and loan bank; and
WHEREAS, Dr. Covington served as Paulding County's medical examiner for several years, is a founding member of the county chapter of the Jaycees, and built the medical arts clinic/hospital in the 1960's; and
WHEREAS, he has been recognized with numerous honors and accolades, including Jaycees 1970's Citizen of the Year and the 2010 Chamber of Commerce Citizen of the Year; and
WHEREAS, Dr. and Mrs. Covington's six remarkable children inspired them to ensure all children of Paulding County had access to a safe place to play, and they were instrumental in the building of the recreation center in Dallas; and
WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be appropriately recognized.

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PART XXI WHEREAS, the freedoms that we as Americans enjoy are guarded by the men and women who proudly serve in our country's armed forces; and
WHEREAS, Sergeant Major James E. Jones, a citizen of the town of Alapaha in Berrien County, went missing in action and was presumably killed on October 6, 1966, while on an intelligence gathering mission in Laos with the United States Army's Fifth Special Forces; and
WHEREAS, Sergeant Major Jones was serving his second tour of duty in Southeast Asia at the time he was declared missing in action; and
WHEREAS, it is only fitting and proper that this American hero be honored by dedicating a bridge in his honor.
PART XXII WHEREAS, the State of Georgia contains countless historical sites and geographical regions which are rich in educational and recreational features; and
WHEREAS, the Metro Atlanta Region contains many features which reach back to Georgia's diverse and fascinating heritage, including the cultural and historical development along this historic trail; and
WHEREAS, the Pulitzer Prize winning author of Gone With the Wind, Margaret Mitchell, whose novel continues to sell in record numbers after 75 years in print, attracts visitors internationally and domestically to the area, providing an economic impact to the State of Georgia; and
WHEREAS, Gone With the Wind continues to promote diversity through Margaret Mitchell's support of Morehouse College for more than 60 years, as well as her work in helping to integrate the Atlanta Police Department and establishing both Caucasian and African-American clinics at Grady Hospital in Atlanta; and
WHEREAS, the designated sites, while being individually significant, would provide a stronger and more lasting impact on tourism as a legislated partnership in the form of a Gone With the Wind Trail; and
WHEREAS, it is important in preserving representations of this past and heritage, and in promoting future economic growth, that this site and region be identified, marketed, promoted, and managed; and
WHEREAS, the designation of the Georgia Gone With the Wind Trail serves to enhance visibility and recognition for our state both nationally and internationally.

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PART XXIII WHEREAS, Mr. John Flournoy 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, a graduate of Columbus High School and the University of North Carolina at Chapel Hill, Mr. Flournoy is the founder and CEO of Flournoy Development Company, Flournoy Construction Company, and Flournoy Properties; and
WHEREAS, his companies have been involved in residential, industrial, and commercial construction in the Southeast for 44 years and never failed to complete a contract; and
WHEREAS, Mr. Flournoy served as a guardian of this nation's freedom and liberty with the United States Marine Corps as a fighter pilot during the Vietnam War and has been decorated with 15 air medals and the Navy Distinguished Flying Cross; and
WHEREAS, he has earned the highest civilian award for support of the infantry, the Order of St. Maurice from the Infantry Commandant, and the Nobel Patron of Armor from the Armor Commandant for his support of all Armor soldiers; and
WHEREAS, Mr. Flournoy 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 for 44 years with the Boys and Girls Club; and
WHEREAS, it is abundantly fitting and proper that the outstanding contributions of this remarkable and distinguished Georgian be appropriately recognized.
PART XXIV WHEREAS, Mr. Thomas R. "Tommie" Irvin was a seventh generation Georgian who attended high school in Habersham County, where he was a talented athlete and member of the football, basketball, and baseball teams; and
WHEREAS, Mr. Irvin served as a guardian of this nation's freedom and liberty with the United States military during World War II, achieved the rank of sergeant in Company K 245th infantry Regiment 63rd Division, and was decorated with a bronze star, good conduct medal, World War II victory medal, and occupation medal; and
WHEREAS, upon his return from the war, Mr. Irvin found his passion in car racing and raced on the famed Daytona Beach road course and Soldiers Field in Chicago before becoming the 16th member of NASCAR in the late 1940s; and

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WHEREAS, an inductee in the Georgia Racing Hall of Fame, he won his biggest race in 1955 at Lakewood Speedway in Atlanta and opened the Banks County Speedway, which became the starting place for many young drivers who later became famous; and
WHEREAS, a passionate coon hunter, Mr. Irvin won the World Championship for coon hunting in 1973, and he raised many Redbone Coonhounds that became show and hunting champions; and
WHEREAS, Mr. Irvin was a dedicated public servant, devoting his time and energy to the Georgia Department of Agriculture for 34 years before his retirement from his position as head of the Equine Division; and
WHEREAS, he was united in love and marriage to his wife, Sara Alice, and he was blessed with four children, Yvonne, Bruce, Bobby, and Danny; seven grandchildren; and seven great-grandchildren; and
WHEREAS, it is only fitting and proper that the life and memory of Mr. Irvin be appropriately recognized.
PART XXV NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that:
(1) The bridge on Catoosa Parkway over Tiger Creek in Catoosa County is dedicated as the Bert Ward Memorial Bridge; (2) The entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line is dedicated as the Martin Luther King, Jr. Parkway; (3) This body desires to honor Roy Parrish by renaming the portion of US 27/SR 1 from the city limits of Fort Oglethorpe south to Shields Crossing as the Roy Parrish Parkway; (4) The portion of State Route 92 in Cherokee County from Neese Road to Trickum Road is dedicated as the Johnny Hunt Highway; (5) This body hereby joins in honoring veterans of the Korean War and dedicates Interstate 59 in Dade County from the Alabama state line to the interchange with I-24 as the Korean War Veterans Memorial Highway; (6) This body hereby joins in honoring the life and memory of Marine Lance Corporal William Taylor Richards and dedicates the portion of Highway 11 in Dade County from the Alabama state line to the Tennessee state line as the Lance Corporal William Taylor Richards Memorial Highway; (7) The interchange at Interstate 575 and Ridgewalk Parkway in the City of Woodstock is dedicated as the William G. Long Interchange at Ridgewalk Parkway;

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(8) This body hereby joins in honoring the life and memory of Mr. Preston B. Lewis, Jr., and dedicates the portion of U.S. Highway 25N from Waynesboro to Walnut Branch as the Preston B. Lewis, Jr., Memorial Highway; (9) The portion of Interstate Route 520 in Richmond County from Exit 2 (Wrightsboro Road) to Exit 3 (Gordon Highway) is dedicated as the Deputy James D. Paugh Memorial Highway; (10) That US 441 in Coffee County from the Douglas city limits to the Atkinson County line is dedicated as the John S. Gibson Memorial Highway; (11) That this body hereby joins in recognizing Ricky Fitzpatrick's "Highway 98" and dedicates State Route 98 from Commerce to Ila as the "Highway 98" by Ricky Fitzpatrick Highway; (12) That the portion of State Route 4 in Richmond County from Martin Luther King, Jr. Boulevard to Laney Walker Boulevard is dedicated as the Ruth B. Crawford Highway; (13) That the interchange of U.S. Route 78/State Route 10 with Interstate Route 520 in Augusta-Richmond County is dedicated as the Deputy James D. Paugh Memorial Interchange; (14) That the bridge on SR 12/US 278 over Richland Creek in Greene County is dedicated as the John B. Box Memorial Bridge; (15) That United States Highway 27 in Haralson County from the Polk County line to the Carroll County line is dedicated as the Harold Shedd Highway; (16) That the portion of SR 2/US 411 in Murray County between the Eton city line and Cohutta Springs Road is dedicated as the Charles N. "Judy" Poag Memorial Highway; (17) That this body hereby joins in honoring the life and memory of Lieutenant Kelso C. Horne and dedicates the portion of U.S. Route 441/State Route 117 in Laurens County from State Route 19 to U.S. Route 80 as the Kelso Horne Memorial Highway; (18) That the bridge on SR 25 over the Norfolk Southern railroad tracks in the city limits of Port Wentworth in Chatham County is dedicated as the Hugh Carroll Butler Memorial Bridge; (19) That the interchange at Interstate 85 and J.R. Allen Parkway in Muscogee County is dedicated as the Jim Wetherington Interchange; (20) That Highway 92N in Paulding County from its intersection with U.S. 278 to GA 120 is dedicated as the Mrs. Glenda and Dr. John Covington Highway; (21) That the bridge over the Alapaha River on U.S. Highway 82 East in Berrien County be dedicated as the Sergeant Major James E. Jones Memorial Bridge; (22) That the appropriate public roads and highways identified within Marietta, Atlanta, and Jonesboro by the Georgia Gone With the Wind Trail Committee with input from the appropriate county and municipal governing authorities be designated as the Georgia Gone With the Wind Trail; (23) That the interchange of Interstate 185/State Route 411 with State Route 520/State Route 1 in Muscogee County is dedicated as the John Flournoy Interchange;

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(24) That this body hereby joins in honoring the life and memory of Mr. Thomas R. "Tommie" Irvin and dedicates the intersection of Highway 441 and Apple Pie Ridge Road in Banks County as the Tommie Irvin Memorial Intersection; (25) That Part XVI and the sixteenth undesignated paragraph of Part XIX of Senate Resolution 1075 (Ga. L. 2010, p. 362) are hereby repealed; (26) That Part V and the fifth undesignated paragraph of Part XXVIII of House Resolution 507 (Ga. L. 2011, p. 900) are hereby repealed; (27) The Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution; and (28) The Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the family of Mr. Bert Ward, the family of Rev. Martin Luther King, Jr., the family of Roy Parrish, Jr., the family of Dr. Johnny M. Hunt, and the family of Marine Lance Corporal William Tyler Richards, the Honorable William G. Long, the family of Mr. Preston B. Lewis, Jr., the family of Mr. John S. Gibson, Ricky Fitzpartick, Mrs. Ruth B. Crawford, the family of Deputy James D. Paugh, the family of Mr. John B. Box, Harold Shedd, the family of Mr. Charles N. "Judy" Poag, the family of Lieutenant Kelso C. Horne, the family of Mr. Hugh Carroll Butler, Mr. Jim Wetherington, Mrs. Glenda and Dr. John Covington, the family of Sergeant Major James E. Jones, Mr. John Flournoy, and the family of Mr. Thomas R. "Tommie" Irwin.

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 Y Bruce Y Bryant Y Buckner

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

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

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
Nix Y Oliver Y O'Neal
Pak Y Parent Y Parrish Y Parsons Y Peake

E 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 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

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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
Coomer Y Cooper Y Crawford

Y Fullerton Y Gardner Y Geisinger E Golick Y Gordon E Greene E 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 Kirby Y Knight Y Lane Y Lindsey
Long E Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

Y Powell, A Y Powell, J Y Pruett Y Purcell
Ramsey E Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S

Y Thomas 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, by substitute, the ayes were 154, nays 0.

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

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 report of the Committee, which was favorable to the 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 Davis Y Dawkins-Haigler Y Dempsey E Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner E Dudgeon
Dukes

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

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

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

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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 N Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer
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 E Golick Y Gordon E Greene E 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 E Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long E Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

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

N Spencer Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T N Teasley Y Thomas Y Waites
Watson N 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

On the passage of the Bill, the ayes were 146, nays 10.

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

Representative Pak of the 102nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

Representative Braddock of the 19th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

SB 236. By Senators Cowsert of the 46th, Crosby of the 13th, Williams of the 19th and Goggans of the 7th:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the O.C.G.A., relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for matters relative to drivers' licenses of persons convicted of driving under the influence; to amend Article 7 of Chapter 8 of Title 42 of the O.C.G.A., relating to ignition interlock devices as probation condition, so as to provide the courts with more authority with regard to the

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availability of ignition interlock device limited driving permits or probationary licenses and habitual violator probationary licenses for drivers convicted of a second DUI; to provide a court the ability to issue a certificate for such permits and licenses; to change provisions relating to proof of compliance with Code Section 42-8-111; and for other purposes.
The following Committee substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 20-2-142 and Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to prescribed courses and the development and dissemination of instructional materials on the effect of alcohol and drivers' licenses, respectively, so as to provide for matters relative to drivers' licenses of persons convicted of driving under the influence and the effect of driving under the influence; to provide for a voluntary parent or guardian participation component in the alcohol and drug course required for obtaining a driver's license for a person under 18 years of age; to provide for a free motor vehicle report under certain circumstances; to provide for matters relative to drivers' licenses of persons convicted of driving under the influence; to allow certain drivers with suspended licenses to be issued limited driving permits; to provide for the issuance of a limited driving permit to a person convicted of driving under the influence subject to certain conditions; to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, so as to provide the courts with more authority with regard to the availability of ignition interlock device limited driving permits or probationary licenses and habitual violator probationary licenses for drivers convicted of a second DUI; to provide a court the ability to issue a certificate for such permits and licenses; to change provisions relating to proof of compliance with Code Section 42-8-111; to provide for revocation of probation under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses and the development and dissemination of instructional materials on the effect of alcohol, is amended by revising subsection (b) as follows:
"(b)(1) The State Board of Education and the Board of Driver Services shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the

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Board of Driver Services shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of driver services shall make available officers, employees, officials, agents, contractors, or other appropriate representatives as determined by the commissioner of driver services to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board. (2) The alcohol and drug course required by this subsection shall make available as a part of such course a voluntary parent or guardian participation component which substantially complies with the following requirements:
(A) A joint session with the parent or guardian and child which provides opportunities for parents or guardians to voluntarily participate in the guidance and delivery of the antidrug and antialcohol instruction; and (B) A separate voluntary component solely for parental or guardian instruction that provides drug prevention strategies, legal accountability information, an opportunity for parent or guardian questions, and any other information that would offer parents or guardians a framework for the protection of their children from alcohol and other drug use. (2)(3) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students and their parents or guardians the alcohol and drug course provided in paragraph (1) of this subsection. (3)(4) The commissioner of driver services shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of driver services shall offer the alcohol and drug course periodically at various locations in the this state in the manner provided by the Board of Driver Services. The commissioner shall also be authorized to offer such course electronically online or in such other manner as determined appropriate by the commissioner."
SECTION 2. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new subsection to Code Section 40-5-25, relating to driver's license application fees, to read as follows:
"(f) The General Assembly finds that it is in the best interests of this state to encourage alcohol and drug education to inform young people of the dangers involved in consuming alcohol or certain drugs while operating a motor vehicle. The General Assembly further finds that parental or guardian involvement in an alcohol and drug awareness program will assist in reducing the number of young persons involved in driving under the influence of drugs or alcohol. To promote these purposes, where a parent or guardian successfully participates in the parent-guardian component of the alcohol and drug course required by subsection (a) of Code Section 40-5-22 as prescribed in subsection (b) of Code Section 20-2-142, each parent or guardian shall be entitled to a one-time three-year online motor vehicle report."

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SECTION 3. Said chapter is further amended by revising subsections (b), (b.1), and (c) of Code Section 40-5-57.1, relating to suspensions of licenses of persons under age 21, as follows:
"(b) A person whose driver's license has been suspended under subsection (a) of this Code section shall:
(1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after six months; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after 12 months; or (2)(A) If the driver's license was suspended upon conviction for violation of Code Section 40-6-391, be subject to the provisions of Code Section 40-5-63. (B) If such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and:
(i) If the driver's alcohol concentration at the time of the offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of six months; or (ii) If the driver's alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of 12 months. (2)(A) Upon the first conviction of a violation of Code Section 40-6-391, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, have his or her license suspended for a period of six months unless the driver's blood alcohol concentration at the time of the offense was 0.08 grams or more or the person has previously been subject to a suspension pursuant to paragraph (1) of this subsection, in which case the period of suspension shall be for 12 months. (B) Upon the second conviction of a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, have his or her license suspended for a period of 18 months. (C) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section 40-5-58.

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(b.1) In any case where a person's driver's license was administratively suspended as a result of the offense a violation of Code Section 40-6-391 for which the person's driver's license has been suspended pursuant to this Code section, the administrative license suspension period and the license suspension period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license suspension period provided by this Code section.
(c)(1) Any driver's license suspended under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving program approved by the department and pays the applicable reinstatement fee. Any driver's license suspended under subsection (a) of this Code section for commission of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Drug or Alcohol Use Risk Reduction Program and pays the applicable reinstatement fee. (2) The reinstatement fee for a first such conviction suspension shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second or subsequent such conviction suspension shall be $310.00 or $300.00 if paid by mail."
SECTION 4. Said chapter is further amended by revising Code Section 40-5-63.1, relating to clinical evaluations and treatment, as follows:
"40-5-63.1. In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-57.1, 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions for violating Code Section 40-6-391 within ten years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if recommended as a part of such evaluation, shall complete a substance abuse treatment program prior to such license reinstatement, issuance, or restoration; provided, however, that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program shall be submitted to the department prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions."

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SECTION 5. Said chapter is further amended by revising subsections (a), (c), (c.1), and (e) of Code Section 40-5-64, relating to the issuance of limited driving permits for certain offenders, as follows:
"(a) To whom issued. (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-522, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, paragraph (1) of subsection (a) of Code Section 40-5-67.2, or subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or over older and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit. (2) Any person whose driver's license has been suspended and who is subject to a court order for installation and use of an ignition interlock device as a condition of probation pursuant to the provisions Article 7 of Chapter 8 of Title 42 as a result of a second conviction for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, may apply for a limited driving permit after serving at least 120 days of the suspension required for such conviction and providing a certificate of eligibility from a drug court program in the court in which he or she was convicted of the offense for which such suspension was imposed or proof of enrollment in clinical treatment as provided in Code Section 40-5-63.1. (3) To the extent a person is subject to more than one suspension for which a permit may be issued, the department shall not issue such permit unless the suspensions are for a conviction for driving under the influence in violation of Code Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative suspension imposed pursuant to paragraph (1) of subsection (a) of Code Section 40-5-67.2 arising from the same incident."
"(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:
(1) Going to his or her place of employment or performing the normal duties of his or her occupation;

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(2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he or she is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner; (6) Attending court, reporting to a probation office or officer, or performing community service; or (7) Transporting an immediate family member who does not hold a valid driver's license for work, medical care, or prescriptions or to school. (c.1)(1) Exception to standards for approval. The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22. (2) An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely for the following purposes:
(A) Going to his or her place of employment; (B) Attending a college or school at which he or she is regularly enrolled as a student; (C) Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; and (D) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider." "(e) Fees, duration, renewal, and replacement of permit. (1) A permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, or upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such

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conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. Permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Permits may be renewed until the person has his or her license reinstated for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed limited driving permit issued to him or her. (2) An ignition interlock device limited driving permit shall be valid for a period of eight months. Upon successful completion of eight months of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and the permit may be renewed for additional periods of six months as provided in paragraph (1) of this subsection."
SECTION 6. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, is amended by revising subsections (a), (b), and (c) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, as follows:
"(a) In addition to any other provision of probation, upon Upon a second or subsequent conviction of a resident of this state for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, for which such person is granted probation, the court shall order as conditions of probation that issue a certificate of eligibility for an ignition interlock device limited driving permit or probationary license, subject to the following conditions:
(1) Such person shall have installed and shall maintain in each motor vehicle registered in such person's name throughout the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 for a period of not less than eight months a functioning, certified ignition interlock device, unless the court exempts the person from the requirements of this paragraph based upon the court's determination that such requirements would subject the person to undue financial hardship; and (2) Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person during the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 for a period of not less than eight months a functioning, certified ignition interlock device, and such person shall not during such six-month period drive any motor vehicle whatsoever that is not so equipped during

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such period. Upon successful completion of eight months of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and the permit may be renewed for additional periods of six months as provided in paragraph (1) of subsection (e) of Code Section 40-5-64; and (3) Such person shall participate in a substance abuse treatment program as defined in paragraph (16.2) of Code Section 40-5-1 or a drug court program in compliance with Code Section 15-1-15 for a period of not less than 120 days. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction; and a conviction of any offense under the law of another state or territory substantially conforming to any offense under Code Section 40-6-391 shall be deemed a conviction of violating said Code section. (b) Any resident of this state who is ordered to use an ignition interlock device, as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program and submit to the court or probation department a certificate of completion of the DUI Alcohol or Drug Use Risk Reduction Program and certification of installation of a certified ignition interlock device to the extent required by subsection (a) of this Code section. The court may, in its discretion, decline to issue a certificate of eligibility for an ignition interlock device limited driving permit or probationary license for any reason or exempt a person from any or all ignition interlock device requirements upon a determination that such requirements would subject such person to undue financial hardship. Notwithstanding any contrary provision of Code Section 40-13-32 or 40-1333, a determination of financial hardship may be made at the time of conviction or any time thereafter. (c) In the case of any person subject to the provisions of subsection (a) of this Code section, the court shall include in the record of conviction or violation submitted to the Department of Driver Services notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device a copy of the certificate of eligibility for an ignition interlock device limited driving permit or probationary license issued by the court or documentation of the court's decision to decline to issue such certificate. Such notice certificate shall specify any exemption from the installation requirements of paragraph (1) of subsection (a) of this Code section and any vehicles subject to the installation requirements of paragraph (2) of said such subsection. The records of the Department of Driver Services shall contain a record reflecting mandatory use of such device certificate, and the person's driver's license or, limited driving permit, or probationary license shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device."
SECTION 7. Said article is further amended by revising subsections (a) and (b) of Code Section 42-8112, relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining probationary license, as follows:

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"(a)(1) In any case where the court grants a certificate of eligibility for an ignition interlock device limited driving permit or probationary license pursuant to Code Section 42-8-111 to a person whose driver's license is suspended pursuant to subparagraph (b)(2)(C) of Code Section 40-5-57.1 or paragraph (2) of subsection (a) of Code Section 40-5-63, the Department of Driver Services shall not issue an ignition interlock device limited driving permit until after the expiration of 120 days from the date of the conviction for which such certificate was granted. In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is not suspended or revoked, the court shall require the person to surrender his or her driver's license to the court immediately and provide proof of compliance with such order to the court or the probation officer and obtain an ignition interlock device restricted driving license within 30 days. Upon expiration of the period of time for which such person is required to use an ignition interlock device, the person may apply for and receive a regular driver's license upon payment of the fee provided for in Code Section 40-5-25. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 and receipt of the restricted driving license within such period, absent a finding by the court of good cause for that failure, which finding is entered in the court's record, the court shall revoke or terminate the probation. (2) The Department of Driver Services shall condition issuance of an ignition interlock device limited driving permit for such person upon receipt of acceptable documentation of the following:
(A) That the person to whom such permit is to be issued has completed a DUI Alcohol or Drug Use Risk Reduction Program; (B) That such person has completed a clinical evaluation as defined in Code Section 40-5-1 and enrolled in a substance abuse treatment program approved by the Department of Human Services or is enrolled in a drug court program; (C) That such person has installed an ignition interlock device in any vehicle that he or she will be operating; and (D) A certificate of eligibility for an ignition interlock device limited driving permit or probationary license from the court that sentenced such person for the conviction that resulted in the suspension or revocation of his or her driver's license for which he or she is applying for a limited driving permit or probationary license. (b)(1) In any case where the court grants a certificate of eligibility for an ignition interlock device limited driving permit or probationary license pursuant to Code Section 42-8-111 to a person whose driver's license is revoked as a habitual violator pursuant to Code Section 40-5-58, the Department of Driver Services shall not issue a habitual violator probationary license until after the expiration of two years from the date of the conviction for which such certificate was granted. In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the

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probation officer and the Department of Driver Services not later than ten days after the date on which such person first becomes eligible to apply for an ignition interlock device limited driving permit in accordance with paragraph (2) of this subsection or a habitual violator's probationary license in accordance with paragraph (3) of this subsection, whichever is applicable. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 within the period required by this subsection, absent a finding by the court of good cause for that failure, which finding is entered on the court's record, the court shall revoke or terminate the probation if such is still applicable. (2) The Department of Driver Services shall condition issuance of a habitual violator probationary license for such person upon receipt of acceptable documentation of the following: If the person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-63 or 40-5-67.2 to apply for reinstatement of his or her driver's license during the period of suspension, such person shall, prior to applying for reinstatement of the license, have an ignition interlock device installed and shall maintain such ignition interlock device in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months running concurrently with that of an ignition interlock device limited driving permit, which permit shall not be issued until such person submits to the department proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, proof of having undergone any clinical evaluation and of having enrolled in any substance abuse treatment program required by Code Section 40-563.1, and proof of installation of an ignition interlock device on a vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111. Such a person may apply for and be issued an ignition interlock device limited driving permit at the end of 12 months after the suspension of the driver's license. At the expiration of such six-month ignition interlock device limited driving permit, the driver may, if otherwise qualified, apply for reinstatement of a regular driver's license upon payment of the fee provided in Code Section 40-5-25.
(A) That the person to whom such license is to be issued has completed a DUI Alcohol or Drug Use Risk Reduction Program; (B) That such person has completed a clinical evaluation as defined in Code Section 40-5-1 and enrolled in a substance abuse treatment program approved by the Department of Human Services or is enrolled in a drug court program; (C) That such person has installed an ignition interlock device in any vehicle that he or she will be operating; and (D) A certificate of eligibility for an ignition interlock device limited driving permit or probationary license from the court that sentenced such person for the conviction that resulted in the suspension or revocation of his or her driver's license for which he or she is applying for a limited driving permit or probationary license. (3) If the person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-58 or under Code Section 40-5-67.2 to obtain a habitual violator's probationary license, such person

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shall, if such person is a habitual violator as a result of two or more convictions for driving under the influence of alcohol or drugs, have an ignition interlock device installed and maintained in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months following issuance of the probationary license, and such person shall not during such six-month period drive any motor vehicle that is not so equipped, all as conditions of such probationary license. Following expiration of such six-month period with no violation of the conditions of the probationary license, the person may apply for a habitual violator probationary license without such ignition interlock device condition. (4) In any case where installation of an ignition interlock device is required, failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violator's probationary license or the immediate suspension or revocation of such license. (4) Any limited driving permit or probationary license issued to such person shall bear a restriction reflecting that the person may only operate a motor vehicle equipped with a functional ignition interlock device. No person whose limited driving permit or probationary license contains such restriction shall operate a motor vehicle that is not equipped with a functional ignition interlock device.
(5)(A) Any person who has been issued an ignition interlock device limited driving permit or a habitual violator probationary license bearing an ignition interlock device condition shall maintain such ignition interlock device in any motor vehicle he or she operates to the extent required by the certificate of eligibility for such permit or probationary license issued to such person by the court in which he or she was convicted for not less than eight months. (B) Upon the expiration of such eight-month ignition interlock device limited driving permit or habitual violator probationary license, the driver may, if otherwise qualified, apply for renewal of such permit or probationary license without such ignition interlock device restriction."
SECTION 8. Said article is further amended by revising subsection (a) of Code Section 42-8-113, relating to renting, leasing, or lending motor vehicle to a probationer under this article prohibited, as follows:
"(a) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted as a condition of probation as provided in this article, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted as a condition of probation as provided in this article shall notify any other person who rents, leases, or loans a motor vehicle to him or her of such driving restriction."
SECTION 9. Said article is further amended by revising Code Section 42-8-117, relating to revocation of driving privilege for violation of probation, as follows:

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"42-8-117. (a)(1) In the event the sentencing court finds revokes a person's probation after finding that a such person has violated the terms of probation imposed the certificate of eligibility for an ignition interlock device limited driving permit or probationary license issued pursuant to subsection (a) of Code Section 42-8-111, the Department of Driver Services shall revoke that person's driving privilege for one year from the date the court revokes that person's probation. The court shall report such probation revocation to the Department of Driver Services by court order. (2) This subsection shall not apply to any person whose limited driving permit has been revoked under subsection (d) of Code Section 42-8-112.
(b) In the event the sentencing court finds revokes a person's probation after finding that a such person has twice violated the terms of probation imposed the certificate of eligibility for an ignition interlock device limited driving permit or probationary license issued pursuant to subsection (a) of Code Section 42-8-111 during the same period of probation, the Department of Driver Services shall revoke that person's driving privilege for five years from the date the court revokes that person's probation for a second time. The court shall report such probation revocation to the Department of Driver Services by court order."
SECTION 10. This Act shall become effective on January 1, 2013.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Ramsey of the 72nd offers the following amendment:
Amend the House Committee on Judiciary, Non-civil substitute to SB 236 (LC 29 5116ERS) by inserting "to provide for approval of out-of-state driver educational courses for certain children whose parents are in the active military service of the United States;" after "influence;" on line 5.
By inserting between lines 58 and 59 the following: is amended by revising paragraph (2) of subsection (a.2) of Code Section 40-5-22, relating to persons not to be licensed and school attendance requirements, as follows:
"(2) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of subparagraph (A) of paragraph (1) of this subsection, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws of this state and to train young drivers in the safe operation of motor vehicles, and provided, further, that the commissioner shall provide for the approval of courses from other states to satisfy the requirements

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of this paragraph for any child moving into this state within nine months of his or her sixteenth birthday when the child's parent is in the active military service of the United States."

Said chapter

SECTION 2A.

By inserting "further" before "amended" on line 59.

The Committee substitute, as amended, was adopted.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y 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 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 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 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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long E Maddox, B Y Maddox, G Y Manning Y Marin

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 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 Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders

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 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 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

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Y Cooper Y Crawford

Y Hatfield Y Heard

Y Martin Y Maxwell

Y Scott, M Y Scott, S

Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 170, nays 0.

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

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.

The report of the Committee, which was favorable to the 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
Bryant Y Buckner N Burns N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas

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
Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon E Greene Y Hamilton

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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane

Y Mayo 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 Parrish Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E Randall Y Reece

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 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 Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson

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

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

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

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

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 159, nays 2.

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

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

Mr. Speaker:

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

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.

HB 1227. By Representatives Rogers of the 26th, Collins of the 27th, Benton of the 31st and Dunahoo of the 25th:

A BILL to be entitled an Act to provide a new charter for the City of Gainesville; to provide for reincorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for other matters relative to the foregoing; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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HB 1230. By Representatives Oliver of the 83rd, Mosby of the 90th, Gardner of the 57th, Holcomb of the 82nd, Parent of the 81st and others:
A BILL to be entitled an Act to amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3565), so as to provide for the payment of costs in such court; to provide for a schedule of costs; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1255. 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 Eatonton-Putnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4363), so as to change certain provisions relating to the composition of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1257. By Representatives Burns of the 157th and Purcell of the 159th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to revise the powers and duties of the chairperson of the board; to provide for meetings; to provide for quorum and voting; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1259. By Representatives Knight of the 126th, Maddox of the 127th, Holmes of the 125th and Dickey of the 136th:
A BILL to be entitled an Act to provide a new charter for the City of Milner; to provide for reincorporation, 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, conflicts of interest, suspension, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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HB 1261. By Representatives Knight of the 126th and Yates of the 73rd:
A BILL to be entitled an Act to create and establish an airport authority in and for the County of Spalding and City of Griffin; to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and convenient facilities appertaining to such undertaking; to authorize the authority to acquire, lease, own, and hold a fee simple title, or any interest therein, to all necessary property therefor, both real and personal, within and outside the confines of Spalding County and to lease and sell any and all such facilities including real property; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1262. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4005), 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 1263. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4011), 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.
HB 1264. By Representatives Hembree of the 67th, Hightower of the 68th, Brooks of the 63rd and Bruce of the 64th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Douglasville, approved April 16, 1999 (Ga. L. 1999, p. 4559), as amended, so as to change the description of the election districts; to provide

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for definitions and inclusions; to provide for manner of election; 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 1265. By Representatives Beverly of the 139th, Randall of the 138th, Epps of the 140th, Dickey of the 136th and Peake of the 137th:
A BILL to be entitled an Act to create the Macon-Bibb County Community Enhancement Authority; to provide a statement of legislative findings; to define certain terms; to provide for a board of trustees, appointment of members, and meetings; to provide for powers and duties; to authorize the issuance of revenue bonds of the authority and to authorize the collection for the payment of such revenue bonds; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1266. By Representatives Setzler of the 35th, Carson of the 43rd, Morgan of the 39th, Evans of the 40th, Parsons of the 42nd and others:
A BILL to be entitled an Act to amend an Act creating the Acworth Lake Authority, approved February 19, 1951 (Ga. L. 1951, p. 265), as amended, so as to change membership requirements; to change the number required for a quorum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1267. By Representatives Setzler of the 35th, Carson of the 43rd, Morgan of the 39th, Evans of the 40th, Parsons of the 42nd and others:
A BILL to be entitled an Act to amend an Act to create the Acworth Area Convention and Visitors Bureau, approved April 4, 1997 (Ga. L. 1997, p. 3793), so as to change the name of the bureau to the Acworth Tourism Bureau Authority; to provide for change in membership, terms, and vacancy provisions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1268. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the election of members of the Board of Education of Bacon County,"

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approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), 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 repeal conflicting laws; and for other purposes.
HB 1269. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3718), 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 1270. By Representative Jackson of the 142nd:
A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), 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 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 1271. 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 Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for changes to membership, appointment, election, terms, cooperation, quorum, salaries, and officers of the commission; to provide for notices and hearings to be conducted prior to any increase in rates, fees, tolls, or charges to customers for water or sewer system services; to provide for a performance audit or performance review; to provide for a referendum; to provide for submission of this Act to the United States

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Department of Justice for preclearance; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
HB 1273. By Representative Jackson of the 142nd:
A BILL to be entitled an Act to amend an Act providing for the election of the chairperson and the members of the Board of Education of Jefferson County, approved March 20, 1990 (Ga. L. 1990, p. 4224), 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 provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 1277. By Representatives Channell of the 116th and Anderson of the 117th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change the description of the council 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.
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 431 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 Bill of the Senate was taken up for consideration and read the third time:

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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.
The following Committee substitute was read and adopted:
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 and limitations relating to certain types of investments; to provide that the provisions of this Act shall be applicable only to certain retirement systems and certain other large retirement systems; to provide that the Teachers Retirement System of Georgia (T.R.S.) shall be exempt from the provisions of this Act; to provide that certain public retirement systems other than the Teachers Retirement System of Georgia may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to provide that the director of certain retirement systems shall provide an annual report to the Governor and the chairpersons of the Senate and House of Representatives standing committees on retirement; to provide for the contents of such report; to provide for a code of ethics; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Employees' Retirement System of Georgia Enhanced Investment Authority Act."

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SECTION 2. Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," is amended by revising subsection (c) of Code Section 47-20-82, relating to investing funds, eligibility, and investment limitations, as follows:
"(c) Any investment limitation based upon the amount of the fund's assets shall relate to such assets on the basis of the assets' aggregate historical cost. For purposes of any investment made in alternative investments pursuant to Code Section 47-7-127 or 4720-87, aggregate historical cost shall include all contractually committed, unpaid amounts."
SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"47-20-87. (a) As used in this Code section, the term:
(1) 'Alternative investments' means the following investments: (A) Privately placed investment pools, including, without limitation, private investment funds, such as: (i) Leveraged buyout funds; (ii) Mezzanine funds; (iii) Workout funds; (iv) Debt funds; (v) Venture capital funds; (vi) Merchant banking funds; and (vii) Funds of funds and secondary funds that include investments in privately placed investment pools described in this subparagraph, in each case whether structured as a partnership, limited liability company, trust, corporation, joint venture, or other entity or investment vehicle of any type; organized or operating in one of the states or territories of the United States or outside the United States; such pool will invest in the United States or outside the United States or any combination thereof; or such pool makes investments of the type described in subparagraph (B) of this paragraph or other investments of any type or any combination thereof; (B) Private placements and other private investments, including without limitation: (i) Leveraged buyouts; (ii) Venture capital investment; (iii) Equity investments, including, without limitation, preferred and common stock; (iv) Warrants; (v) Options; (vi) Private investments in public securities; (vii) Recapitalizations; (viii) Privatizations;

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(ix) Mezzanine debt investments; (x) Distressed debt and equity investments, including, without limitation, cases in which the investor may take control of the issuer; (xi) Other debt investments, whether secured or unsecured, senior or subordinated, recourse or nonrecourse, convertible, or otherwise; (xii) Convertible securities; (xiii) Receivables; (xiv) Interests, as such term is referred to in 11 U.S.C. Sections 501 and 502; (xv) Claims, as such term is defined in 11 U.S.C. Section 101(5); (xvi) Debt and equity derivative instruments of all types; and (xvii) All other debt and equity private placements of all types, in each case whether issued by a partnership, limited liability company, trust, corporation, joint venture, or other entity or vehicle of any type or whether the issuer is organized or does business in one of the states or territories of the United States or outside the United States; and (C) Any distribution in kind received by an eligible large retirement system in connection with any investment described in subparagraphs (A) and (B) of this paragraph. (2) 'Eligible large retirement system' means a large retirement system as defined in subsection (a) of Code Section 47-20-84; provided, however, that such term shall not include the Teachers Retirement System of Georgia. (b) In addition to the eligible investments authorized by Code Section 47-20-82, and without applicability of any restrictions set forth in Code Sections 47-20-83 and 47-2084, an eligible large retirement system is authorized to invest in alternative investments in accordance with the provisions of this Code section. Further, when provisions of Code Section 47-20-83 or 47-20-84 or any provisions of this article other than this Code section limit a particular form of investment to a certain percentage of retirement system assets, the denominator will include alternative investments with all other investments, but the numerator for any such calculation shall not include any alternative investments, even if any such alternative investment is of a like kind as the investments that are included in the numerator. (c) An alternative investment shall not exceed in any case 20 percent of the aggregate amount of: (1) The capital to be invested in the applicable private pool, including all parallel pools and other related investment vehicles established as part of the investment program of the applicable private pool; and (2) The securities being issued in the applicable private placement, in each case determined at the time such alternative investment is initially either made or committed to be made, as applicable, but taking into consideration any investments that have previously been or are concurrently being made or committed to be made. Each alternative investment by an eligible large retirement system shall have previously been or shall be concurrently made or committed to be made by at least four other

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investors not affiliated with the issuer. At the time of initial investment, such investors shall not include any trustee of the eligible large retirement system making the investment or any public official as defined in paragraph (9) of Code Section 45-10-20. Such four other investors shall be investing on substantially the same terms and conditions as those applicable to the investment by the eligible large retirement system to the extent such other investors are similarly situated with the eligible large retirement system. Alternative investments shall only be made in private pools and issuers that have at least $100 million in assets, including committed capital, at the time the investment is initially made or committed to be made by an eligible large retirement system. (d) Alternative investments by an eligible large retirement system shall not in the aggregate exceed 5 percent of the eligible large retirement system assets at any time. The board of trustees of an eligible large retirement system shall have the discretion to designate whether any investment that is permitted to be made as an alternative investment pursuant to this Code section and that is also permitted to be made as an investment pursuant to Code Section 47-20-83 shall be treated for purposes of the 5 percent limitation and otherwise as an alternative investment made pursuant to this Code section or as an investment made pursuant to Code Section 47-20-83. If the eligible large retirement system is not in compliance with the limitations imposed by this subsection, it shall make a good faith effort to come into compliance within two years and in any event as soon as practicable thereafter; provided, however, that during any period of noncompliance, the eligible large retirement system shall not increase the percentage of its assets committed to be invested in alternative investments but shall be permitted during such period to continue to make investments as required by the then existing commitments of the eligible large retirement system to alternative investments made before the period of noncompliance. (e) The provisions of this subsection shall apply only to the Employees' Retirement System of Georgia. New commitments to alternative investments shall not in the aggregate exceed 1 percent of the retirement system assets in any calendar year until the first occurrence that 4 1/2 percent of the retirement system assets are invested in alternative investments, at which time there shall be no limit on the percentage of commitments that may be made in any calendar year, subject to compliance with the other provisions of this Code section.
(f)(1) For purposes of this subsection, the term 'information' shall include, without limitation, preinvestment and postinvestment diligence information, including reviews and analyses prepared or provided by the issuer of a potential or actual alternative investment or prepared by or for an eligible large retirement system or otherwise relating to a potential or actual alternative investment. (2) In addition to those records that are exempted from being open to inspection by the general public under Code Section 47-1-14 and except as otherwise provided in this subsection, an eligible large retirement system may in its discretion treat as confidential and withhold from public inspection and disclosure all information prepared or provided by the issuer of a potential or actual alternative investment or

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prepared by or for an eligible large retirement system or otherwise relating to a potential or actual alternative investment and held by an eligible large retirement system and may agree in making an alternative investment to treat such information as confidential and withhold it from public inspection and disclosure. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, any public retirement system created by this title, other than by Chapter 5 of this title, shall make publicly available the following information, but only to the extent the following information is otherwise available or maintained by said retirement system in the normal course and only after a period of one year from the date such records were created:
(A) The name of any alternative investment in which the retirement system has invested; excluding, in the case of an alternative investment in a privately placed investment pool, any information concerning the investments made by such privately placed investment pool; (B) The date the retirement system first invested in an alternative investment; (C) The aggregate amount of money, expressed in dollars, the retirement system has invested in alternative investments as of the end of any fiscal quarter; (D) The aggregate amount of money and the value of any in kind or other distribution, in each case, expressed in dollars, the retirement system received from alternative investments; (E) The internal rate of return or the result under any other such standard used by the retirement system in connection with alternative investments for the asset class and for the period for which the return or standard was calculated; and (F) The remaining cost of alternative investments in which the retirement system has invested as of the end of any fiscal quarter. (4) The provisions of this Code section shall not restrict access to information and records under process of law or by officers otherwise entitled to them for official purposes, but such information and records shall have the same confidential status under process or with such officers as it does in the hands of an eligible large retirement system, and such officers shall respect such confidentiality to the extent consistent with their separate powers and duties. (5) On the second Monday in March of each year, the director of any public retirement system created by this title, other than by Chapter 5 of this title, shall provide a report to the Governor and the chairpersons of the House and Senate standing committees on retirement detailing the performance of any investments made pursuant to this Code section, including, without limitation, a clear statement of the aggregate loss or profit on such investments for the preceding year. Such report shall also be posted on the retirement system's official website. This paragraph shall not be construed so as to require the disclosure of any information otherwise protected by this subsection. (g) Unless the information has been publicly released, preinvestment and postinvestment diligence information, including reviews and analyses, prepared or maintained by the eligible large retirement system or by an alternative investment firm

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shall be confidential and exempted from being open to inspection by the general public pursuant to Article 4 of Chapter 18 of Title 50, except to the extent it is subject to disclosure from the requirements of subsection (f) of this Code section. (h) The respective boards of trustees of eligible large retirement systems making investments authorized by this Code section shall adopt a code of ethics for the consideration of and investment in and disposition of alternative investments. (i) Funds invested pursuant to this Code section and any return on such investment shall remain funds of the retirement system."

SECTION 4. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure of exempting legal authority, is amended in subsection (a) by striking "or" at the end of paragraph (22), by replacing the period with "; or" at the end of paragraph (23), and by adding a new paragraph to read as follows:
"(24) Records that are expressly exempt from public inspection pursuant to Code Section 47-20-87."

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

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

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

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

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

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

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

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

N Powell, A Y Powell, J Y Pruett N Purcell Y Ramsey E Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C N Rogers, T
Rynders Y Scott, M N Scott, S

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

On the passage of the Bill, by substitute, the ayes were 104, nays 53.

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

Representative Clark of the 104th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

By unanimous consent, the following Bill of the Senate, having been previously postponed, was again postponed until the next legislative day:

SB 492. By Senator Mullis of the 53rd:

A BILL to be entitled an Act to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to require that state contract awards for heavy equipment follow certain specific procedures; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

Mr. Speaker:

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

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:

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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.
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.
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 Senate has passed by the requisite constitutional majority the following bills of the House:
HB 481. By Representatives Benton of the 31st, Mills of the 25th, Sheldon of the 105th and England of the 108th:
A BILL to be entitled an Act to amend an Act to provide for the creation of one or more community improvement districts in the Town of Braselton, approved May 29, 2007 (Ga. L. 2007, p. 4100), so as to correct the initial terms of office for board members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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

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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.
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.
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.
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.
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

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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.
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.
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.
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.
HB 1218. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th, Holcomb of the 82nd, Gardner of the 57th and others:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), so

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4917

as to change the corporate limits of the city by annexing certain territory to the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1219. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th, Holcomb of the 82nd, Gardner of the 57th and others:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), so as to change the corporate limits of the city by annexing certain territory into the city; to provide for a description of the property annexed; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 480. By Senator Jackson of the 2nd:
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, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3804), 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.
SB 481. By Senator Jackson of the 2nd:
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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4166), so as to change the description of the education districts; 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.

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SB 531. By Senator McKoon of the 29th:
A BILL to be entitled an Act to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443), so as to provide that future elections for the judge of such court 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.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 534. By Senator Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as amended, so as 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 other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 537. By Senator Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, so as to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide for vacancies; to provide for a referendum; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

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4919

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.
By unanimous consent, the rules were temporarily suspended in order that the following Bills of the Senate could be introduced, read the first time and referred to the Committee, pursuant to authority granted to the Speaker:
SB 480. By Senator Jackson of the 2nd:
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, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3804), 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.
SB 481. By Senator Jackson of the 2nd:
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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4166), so as to change the description of the education districts; 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.
Referred to the Committee on Intragovernmental Coordination - Local.

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SB 531. By Senator McKoon of the 29th:
A BILL to be entitled an Act to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443), so as to provide that future elections for the judge of such court 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.
SB 534. By Senator Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as amended, so as 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 other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 537. By Senator Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, so as to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide for vacancies; to provide for a referendum; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
Representative Hamilton of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

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4921

Mr. Speaker:

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

SB 113 Do Pass, by Substitute SR 673 Do Pass

Respectfully submitted, /s/ Hamilton of the 23rd
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 and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 37 SR 84 SR 873

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

Respectfully submitted, /s/ Neal of the 1st
Chairman

Representative Horne of the 71st 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, March 27, 2012

Thirty-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:

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

Davis Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs Dollar Drenner Dudgeon Dukes Dunahoo Dutton Ehrhart England Epps, J Evans Fludd Frazier Fullerton 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 Howard Hugley Jackson E James Jasperse Jerguson Johnson Jones, J Kaiser Kendrick Kirby Knight Lane Lindsey Maddox, B Maddox, G Manning Marin Martin Maxwell Mayo

McBrayer McCall McKillip Meadows Mitchell Morgan Mosby Murphy Neal, J Nimmer Nix O'Neal Pak Parent Parrish Parsons Peake Powell, A Powell, J Pruett Purcell Ramsey Randall Reece 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 E Smith, T Spencer Stephens, M Stephens, R Talton Tankersley Taylor, D Taylor, R Taylor, T Teasley Thomas Waites 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 Abdul-Salaam of the 74th, Beverly of the 139th, Epps of the 128th, Golick of the 34th, Hudson of the 124th, Jacobs of the 80th, Jones of the 44th, Jordan of the 77th, Kidd of the 141st, Long of the 61st, Morris of the 155th, Neal of the 75th,

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4923

Oliver of the 83rd, Rice of the 51st, Sims of the 169th, Smyre of the 132nd, and Weldon of the 3rd.
They wished to be recorded as present.
Prayer was offered by Pastor Thad Haygood, Dublin First United Methodist Church, Dublin, 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 Bill and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1306. By Representatives Waites of the 60th and Abdul-Salaam of the 74th:
A BILL to be entitled an Act to amend an Act incorporating the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4409), as amended, particularly by an Act approved March 25, 1997 (Ga. L. 1997, p. 3545), so as to change the number of councilmember votes for calling a special meeting, transacting business, overriding a veto,

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transacting emergency business, removing the city manager, removing a director, removing a member of a board, or removing an officer; to remove a certain provision relating to at-large voting; to provide for related matters, to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 2017. By Representatives Scott of the 76th, Brooks of the 63rd, Heard of the 114th, Beasley-Teague of the 65th, Taylor of the 55th and others:

A RESOLUTION urging the Department of Justice to intervene in the death of Trayvon Martin in Sanford, Florida; and for other purposes.

Referred to the Committee on Judiciary.

HR 2051. By Representatives Powell of the 29th and Rice of the 51st:

A RESOLUTION to create the House Study Committee on Driver Education and DUI Risk Reduction Programs; and for other purposes.

Referred to the Committee on Motor Vehicles.

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

HB 1305 SB 480 SB 527 SB 529 SB 531 SB 533 SB 537

HR 2015 SB 481 SB 528 SB 530 SB 532 SB 534

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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4925

HB 998 SB 393 SB 519

Do Pass, by Substitute Do Pass Do Pass

HB 999 SB 514 SB 525

Do Pass, by Substitute Do Pass Do Pass

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

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

HOUSE RULES CALENDAR TUESDAY, MARCH 27, 2012

Mr. Speaker and Members of the House:

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

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

SB 405 SB 428

Student Achievement Office of; private college submit confidential student data to Dept. of Education shall not be liable for breach (HEd-Carter-175th) Miller-49th Administrative Procedure; provide for agency reports regarding federal government mandates and duplicate state/federal regulation (GAff-Knight126th) Tolleson-20th

Modified Structured Rule

SB 153
SB 246 SB 380

Education; professional development plans for personnel who have deficiencies; provide certain requirements and rights (Ed-Casas-103rd) Rogers-21st Retirement; provide an increase in the employee contribution; retirement benefit; conditions (Substitute)(Ret-Coleman-97th) Hill-4th Pharmacist and Pharmacies; change definition of security paper; State Board of Pharmacy; revisions (Substitute)(H&HS-Cooper-41st) Carter-1st

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SB 403 SB 404 SB 427
SB 441

Education; school health nurse programs; revise provisions (Substitute)(EdCasas-103rd) Millar-40th Education; provide for development of category -level expenditure controls for staff development funds (Ed-Casas-103rd) Millar-40th Administrative Procedure; require agency procedures for timely processing; applications for issuance/renewal of licenses (Substitute)(NR&E-Knight126th) Tolleson-20th Obstruction of Public Administration; establish the offense of unlawful pointing of a laser device at a law enforcement officer; penalties (Substitute)(JudyNC-Welch-110th) Crosby-13th

Structured Rule

SB 234 SB 382

Georgia Public Revenue Code; extensively revise provisions; ad valorem tax assessments and appeals from such assessments (Substitute)(JudyWillard-49th) Rogers-21st Public Service Commission; change description of the election districts; manner of election and term of office (L&CR-Lane-167th) Shafer-48th

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 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.

The following Committee substitute was read and adopted:

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4927

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, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3804), 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 completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3804), is amended by revising Section 3 as follows:
"SECTION 3. (a) For purposes of electing members of the board of commissioners, Chatham County is divided into eight commissioner districts. One member of the board shall be elected from each such district. The eight commissioner districts shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 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 Chatham 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.

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(3) Any part of Chatham 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. (a) Those members of the Board of Commissioners of Chatham 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, 4, 5, 6, 7, and 8, 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, 6, 7, and 8, 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 Chatham 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: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE
District 001 Chatham County VTD: 0511-1 VTD: 0511-10 VTD: 0511-12 VTD: 0511-13 VTD: 0511-14 VTD: 0511-16 VTD: 0511-5

TUESDAY, MARCH 27, 2012
VTD: 0511-6 VTD: 0511-8 VTD: 0511-9 VTD: 0513-14 004002: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1018 1019 1020 1021 1022 1023 VTD: 0515-1 VTD: 0515-6 004300: 1014 1020 1021 1036 1037 1038 1039 1040 1041 1044 1045 1046 1047 1048 1050 1054 1069 1076 VTD: 0516-1 VTD: 0516-6
District 002 Chatham County VTD: 0512-11 VTD: 0512-12 VTD: 0512-2 VTD: 0512-3 VTD: 0512-4 VTD: 0512-5 VTD: 0512-7 VTD: 0512-9 VTD: 0513-10 003502: 1011 1012 1013 1014 1015 1020 1021 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 3000 3001 4006 VTD: 0513-2 000900: 1031 1032 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 011200: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1034 2030 2031 2039 2040 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 VTD: 0513-3 003700: 2000 2001 2002 2003 2004 2005 2006

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010101: 2068 VTD: 0513-8 VTD: 0513-9 VTD: 0518-2 VTD: 0518-5 001200: 1028 1029 1030 1031 1035 1036 1041 1042 1043 1055 002300: 1000 1008 1009 1010 011400: 1004 1005 1015 1016 1028 1029 VTD: 0518-6 002300: 1022 1023 1024 1031 1032 011400: 1042 1043 1054 1055 1064
District 003 Chatham County VTD: 0511-17 011107: 1108 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 3027 3031 3032 3033 3034 3035 3036 3038 3053 3054 VTD: 0512-6 VTD: 0513-1 VTD: 0513-10 003800: 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 010102: 3009 VTD: 0513-11 VTD: 0513-12 VTD: 0513-13 VTD: 0513-14 003900: 2000 2001 2010 4007 4008 4009 4010 4011 4013 010200:

TUESDAY, MARCH 27, 2012
1000 1001 1002 1003 1004 1005 2000 2005 2006 2007 2008 2009 2013 3009 3019 VTD: 0513-15 VTD: 0513-2 000900: 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 1035 1036 1037 1038 1039 1045 1046 011200: 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 2032 2033 2034 2035 2036 2037 2038 2041 2042 2043 2044 2045 2046 2047 VTD: 0513-3 003601: 1007 1017 1020 1021 1025 1031 1032 1036 1038 1040 1041 1042 1043 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2031 2032 2033 2034 2035 003602: 1000 1001 1003 3027 3028 010102: 1000 1001 1002 1003 1004 1020 VTD: 0513-4 VTD: 0513-5 VTD: 0514-2 011107: 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1106 1107 1109 3037 VTD: 0517-1 010601: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 3000 3001 3002 3006 3007 3008 3009 3010 3011 VTD: 0518-1 VTD: 0518-10 001200: 1019 1020 003301:

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2000 VTD: 0518-15 010601: 3003 3004 3005 3012 3013 3014 3015 3016 3017 3018 3019 3020 3023 980000: 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1045 1046 1047 1048 VTD: 0518-5 000601: 4057 4058 001200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1014 1015 1026 1027 1032 1033 1034 1037 1038 1039 1040 1044 1045 1046 1047 1048 1053 1054 1056 1057 1058 1059 002300: 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1017 2007 2008 2009 2010 2011 VTD: 0518-6 001200: 1011 1012 1013 1016 1017 1018 1021 1024 1025 1049 1050 1051 1052 002300: 2000 2001 2002 2003 2004 2005 003302: 1014 2000 VTD: 0518-7 010601: 3021 3022 010700: 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1376 1377 1378 1379 1380 1381 1384 1397 1401 1408 1409 011600: 2000 2001 2014 2015 2042 2044 2059 2060 2068 2069 2070 980000: 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1028 1038 1039 1040 1041 1042 1043 1044 1049 1050 1051 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1072 1077 1078 1079 1080 1081 1083 1084
District 004 Chatham County

TUESDAY, MARCH 27, 2012
VTD: 0511-17 010102: 2001 011004: 1001 011106: 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 1037 1038 VTD: 0514-10 VTD: 0514-11 VTD: 0514-12 VTD: 0514-13 VTD: 0514-14 VTD: 0514-15 VTD: 0514-2 011106: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 0514-4 VTD: 0514-5 VTD: 0514-6 VTD: 0514-7 VTD: 0514-8 VTD: 051XFTPU - FORT PULASKI PREC
District 005 Chatham County VTD: 0515-11 VTD: 0515-2 VTD: 0515-3 VTD: 0515-4 VTD: 0515-5 VTD: 0515-6 004001: 5015 5016 004207: 1000 2000 004300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1042 1043 1049 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063

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1064 1065 1066 1067 1068 1070 1071 1072 1073 1074 1077 1078 1079 004400: 2019 2020 2021 2022 004500: 4007 4008 4009 4012 010502: 1000 1001 1002 1003 1005 1006 1007 1008 1009 2002 2003 2004 2005 2008 2009 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 010806: 4000 4001 VTD: 0515-8 VTD: 0517-10 VTD: 0517-9 VTD: 0518-12 004500: 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 0518-3 VTD: 0518-6 002300: 1014 1015 1016 1018 1019 1020 1021 1025 1026 1027 1028 1029 1030 2006 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
District 006 Chatham County VTD: 0515-7 VTD: 0516-10 VTD: 0516-11 VTD: 0516-2 VTD: 0516-3 VTD: 0516-5 VTD: 0516-8 VTD: 0516-9
District 007 Chatham County VTD: 0517-12 VTD: 0517-13 VTD: 0517-14 VTD: 0517-5

TUESDAY, MARCH 27, 2012
010501: 1018 1019 2000 2001 2002 2003 2004 2005 2006 2015 010603: 1018 1019 1021 1022 1023 1024 1025 1026 1034 1035 1036 1037 1038 VTD: 0517-6 VTD: 0517-7 010700: 1218 1220 1232 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1260 1261 1262 1267 010801: 1013 1015 1016 1023 1027 1028 1044 010803: 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 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 VTD: 0517-8
District 008 Chatham County VTD: 0517-1 010601: 4000 4001 4002 4003 4004 010603: 1004 1009 1010 1033 010700: 1329 1332 1333 1334 2041 VTD: 0517-11 VTD: 0517-3 VTD: 0517-4 VTD: 0517-5 010501: 1016 1017 010603: 1003 1005 1011 1012 1013 1014 1015 1016 1017 1020 1027 1028 1029 1030 1031 1039 1040 1041 VTD: 0517-7 010700: 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134

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JOURNAL OF THE HOUSE

1135 1203 1204 1210 1211 1213 1216 1217 1219 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1233 1234 1235 1236 1258 1259 1265 1266 1308 1314 1331 1403 1404 1405 010803: 2000 2002 2003 2004 2005 2006 2016 2017 2019 2020 2021 2030 VTD: 0518-10 000601: 4015 4016 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4059 4060 4061 4062 4063 4064 4065 4066 003301: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1016 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 0518-11 VTD: 0518-12 001200: 1022 1023 003301: 1014 1015 003302: 1013 1015 2001 004500: 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 1031 1032 1033 1034 1035 1036 010501: 1035 1036 1044 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3042 3046 3047 010502: 2000 2001 VTD: 0518-13 VTD: 0518-15 010601: 4005 4006 4007 4008 4009 4010 4011 4012 5000 5001 5002 5003 5004 5005 5006 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6025 6027 6028 6029 010603: 1032 VTD: 0518-7 000601:

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3012 3020 3030 4017 4018 010501: 1000 1001 1002 1003 1004 010601: 6024 6026 6030 011600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1036 1037 1038 1039 1040 1041 1042 1043 2057 980000: 1052 1053 1085 VTD: 0518-8 VTD: 0518-9
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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.
The following Committee substitute was read and adopted:
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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4166), so as to change the description of the education districts; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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JOURNAL OF THE HOUSE

SECTION 1. 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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4166), is amended by revising Section 1 as follows:
"SECTION 1. (a) The Board of Public Education for the City of Savannah and the County of Chatham shall be composed of a president and eight other members, to be elected as provided in this Act. (b) For purposes of electing members of the board of education, other than the president, the City of Savannah and Chatham County School District is divided into eight education districts. One member of the board shall be elected from each such district. The eight education districts shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 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 the City of Savannah and Chatham 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 City of Savannah and Chatham 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."
SECTION 2. (a) Those members of the Board of Public Education for the City of Savannah and the County of Chatham 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

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4939

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, 4, 5, 6, 7, and 8, 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, 6, 7, and 8, 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 Public Education for the City of Savannah and the County of Chatham 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: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE
District 001 Chatham County VTD: 0511-1 VTD: 0511-10 VTD: 0511-12 VTD: 0511-13 VTD: 0511-14 VTD: 0511-16 VTD: 0511-5 VTD: 0511-6 VTD: 0511-8 VTD: 0511-9 VTD: 0513-14 004002: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1018 1019 1020 1021 1022 1023 VTD: 0515-1 VTD: 0515-6 004300: 1014 1020 1021 1036 1037 1038 1039 1040 1041 1044 1045 1046

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1047 1048 1050 1054 1069 1076 VTD: 0516-1 VTD: 0516-6
District 002 Chatham County VTD: 0512-11 VTD: 0512-12 VTD: 0512-2 VTD: 0512-3 VTD: 0512-4 VTD: 0512-5 VTD: 0512-7 VTD: 0512-9 VTD: 0513-10 003502: 1011 1012 1013 1014 1015 1020 1021 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 3000 3001 4006 VTD: 0513-2 000900: 1031 1032 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 011200: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1034 2030 2031 2039 2040 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 VTD: 0513-3 003700: 2000 2001 2002 2003 2004 2005 2006 010101: 2068 VTD: 0513-8 VTD: 0513-9 VTD: 0518-2 VTD: 0518-5 001200: 1028 1029 1030 1031 1035 1036 1041 1042 1043 1055 002300: 1000 1008 1009 1010 011400:

TUESDAY, MARCH 27, 2012
1004 1005 1015 1016 1028 1029 VTD: 0518-6 002300: 1022 1023 1024 1031 1032 011400: 1042 1043 1054 1055 1064
District 003 Chatham County VTD: 0511-17 011107: 1108 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 3027 3031 3032 3033 3034 3035 3036 3038 3053 3054 VTD: 0512-6 VTD: 0513-1 VTD: 0513-10 003800: 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 010102: 3009 VTD: 0513-11 VTD: 0513-12 VTD: 0513-13 VTD: 0513-14 003900: 2000 2001 2010 4007 4008 4009 4010 4011 4013 010200: 1000 1001 1002 1003 1004 1005 2000 2005 2006 2007 2008 2009 2013 3009 3019 VTD: 0513-15 VTD: 0513-2 000900: 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 1035 1036 1037 1038 1039 1045 1046 011200: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

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2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2041 2042 2043 2044 2045 2046 2047 VTD: 0513-3 003601: 1007 1017 1020 1021 1025 1031 1032 1036 1038 1040 1041 1042 1043 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2031 2032 2033 2034 2035 003602: 1000 1001 1003 3027 3028 010102: 1000 1001 1002 1003 1004 1020 VTD: 0513-4 VTD: 0513-5 VTD: 0514-2 011107: 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1106 1107 1109 3037 VTD: 0517-1 010601: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 3000 3001 3002 3006 3007 3008 3009 3010 3011 VTD: 0518-1 VTD: 0518-10 001200: 1019 1020 003301: 2000 VTD: 0518-15 010601: 3003 3004 3005 3012 3013 3014 3015 3016 3017 3018 3019 3020 3023 980000: 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1045 1046 1047 1048 VTD: 0518-5 000601: 4057 4058

TUESDAY, MARCH 27, 2012
001200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1014 1015 1026 1027 1032 1033 1034 1037 1038 1039 1040 1044 1045 1046 1047 1048 1053 1054 1056 1057 1058 1059 002300: 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1017 2007 2008 2009 2010 2011 VTD: 0518-6 001200: 1011 1012 1013 1016 1017 1018 1021 1024 1025 1049 1050 1051 1052 002300: 2000 2001 2002 2003 2004 2005 003302: 1014 2000 VTD: 0518-7 010601: 3021 3022 010700: 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1376 1377 1378 1379 1380 1381 1384 1397 1401 1408 1409 011600: 2000 2001 2014 2015 2042 2044 2059 2060 2068 2069 2070 980000: 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1028 1038 1039 1040 1041 1042 1043 1044 1049 1050 1051 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1072 1077 1078 1079 1080 1081 1083 1084
District 004 Chatham County VTD: 0511-17 010102: 2001 011004: 1001 011106: 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 1037 1038 VTD: 0514-10 VTD: 0514-11

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VTD: 0514-12 VTD: 0514-13 VTD: 0514-14 VTD: 0514-15 VTD: 0514-2 011106: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 0514-4 VTD: 0514-5 VTD: 0514-6 VTD: 0514-7 VTD: 0514-8 VTD: 051XFTPU - FORT PULASKI PREC
District 005 Chatham County VTD: 0515-11 VTD: 0515-2 VTD: 0515-3 VTD: 0515-4 VTD: 0515-5 VTD: 0515-6 004001: 5015 5016 004207: 1000 2000 004300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1042 1043 1049 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1070 1071 1072 1073 1074 1077 1078 1079 004400: 2019 2020 2021 2022 004500: 4007 4008 4009 4012 010502: 1000 1001 1002 1003 1005 1006 1007 1008 1009 2002 2003 2004 2005 2008 2009 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 010806:

TUESDAY, MARCH 27, 2012
4000 4001 VTD: 0515-8 VTD: 0517-10 VTD: 0517-9 VTD: 0518-12 004500: 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 0518-3 VTD: 0518-6 002300: 1014 1015 1016 1018 1019 1020 1021 1025 1026 1027 1028 1029 1030 2006 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
District 006 Chatham County VTD: 0515-7 VTD: 0516-10 VTD: 0516-11 VTD: 0516-2 VTD: 0516-3 VTD: 0516-5 VTD: 0516-8 VTD: 0516-9
District 007 Chatham County VTD: 0517-12 VTD: 0517-13 VTD: 0517-14 VTD: 0517-5 010501: 1018 1019 2000 2001 2002 2003 2004 2005 2006 2015 010603: 1018 1019 1021 1022 1023 1024 1025 1026 1034 1035 1036 1037 1038 VTD: 0517-6 VTD: 0517-7 010700: 1218 1220 1232 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1260 1261 1262 1267

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010801: 1013 1015 1016 1023 1027 1028 1044 010803: 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 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 VTD: 0517-8
District 008 Chatham County VTD: 0517-1 010601: 4000 4001 4002 4003 4004 010603: 1004 1009 1010 1033 010700: 1329 1332 1333 1334 2041 VTD: 0517-11 VTD: 0517-3 VTD: 0517-4 VTD: 0517-5 010501: 1016 1017 010603: 1003 1005 1011 1012 1013 1014 1015 1016 1017 1020 1027 1028 1029 1030 1031 1039 1040 1041 VTD: 0517-7 010700: 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1203 1204 1210 1211 1213 1216 1217 1219 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1233 1234 1235 1236 1258 1259 1265 1266 1308 1314 1331 1403 1404 1405 010803: 2000 2002 2003 2004 2005 2006 2016 2017 2019 2020 2021 2030 VTD: 0518-10 000601: 4015 4016 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4059 4060 4061 4062 4063 4064 4065 4066 003301: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1016

TUESDAY, MARCH 27, 2012
1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 0518-11 VTD: 0518-12 001200: 1022 1023 003301: 1014 1015 003302: 1013 1015 2001 004500: 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 1031 1032 1033 1034 1035 1036 010501: 1035 1036 1044 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3042 3046 3047 010502: 2000 2001 VTD: 0518-13 VTD: 0518-15 010601: 4005 4006 4007 4008 4009 4010 4011 4012 5000 5001 5002 5003 5004 5005 5006 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6025 6027 6028 6029 010603: 1032 VTD: 0518-7 000601: 3012 3020 3030 4017 4018 010501: 1000 1001 1002 1003 1004 010601: 6024 6026 6030 011600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1036 1037 1038 1039 1040 1041 1042 1043 2057 980000:

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JOURNAL OF THE HOUSE

1052 1053 1085 VTD: 0518-8 VTD: 0518-9
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 514. By Senator Rogers of the 21st:
A BILL to be entitled an Act to provide a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax for residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 519. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Toombs County, approved March 31, 1987 (Ga. L. 1987, p. 5121), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5085), 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

TUESDAY, MARCH 27, 2012

4949

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.

SB 525. By Senator Mullis of the 53rd:

A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, so as to modernize, update, and revise such Act; to eliminate archaic language; to revise provisions relating to elections, runoffs, expenses, county attorney, financial statements, competitive bidding, audits, road maintenance, and oversight; to provide for the ratification of certain contracts; 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:

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

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

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

Setzler Y Shaw
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 N Taylor, R Y Taylor, T Y Teasley N Thomas

4950

JOURNAL OF THE HOUSE

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
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
Kidd Y Kirby Y Knight
Lane Lindsey Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

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

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
Yates Ralston, Speaker

On the passage of the Bills, the ayes were 140, nays 3.

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

Representatives Long of the 61st, Pak of the 102nd, and Sheldon of the 105th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

SB 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.

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

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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.
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.
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.
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.
HB 865. By Representatives Powell of the 29th, Harden of the 28th and Rice of the 51st:

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JOURNAL OF THE HOUSE

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.
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.
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.
HB 933. By Representatives Rogers of the 26th, Williams of the 4th and Brockway of the 101st:

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4953

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.
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.
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.
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:
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.

4954

JOURNAL OF THE HOUSE

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.
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 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.
The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House:
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.
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:

TUESDAY, MARCH 27, 2012

4955

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

4956

JOURNAL OF THE HOUSE

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.
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.
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 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.
HB 1115. By Representatives Dudgeon of the 24th, Parsons of the 42nd and Martin of the 47th:
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.

TUESDAY, MARCH 27, 2012

4957

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

Representatives Dollar of the 45th, Morgan of the 39th, Benton of the 31st, Taylor of the 55th, Epps of the 140th, Smith of the 70th, Taylor of the 79th, Frazier of the 123rd, Teasley of the 38th, Pak of the 102nd, and Wilkinson of the 52nd.

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

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.

The report of the Committee, which was favorable to the 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 Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson

E Heckstall Y Hembree E Henson Y Hightower
Hill N Holcomb

Y Mayo Y McBrayer
McCall Y McKillip
Meadows Y Mitchell

E Setzler Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E

4958

JOURNAL OF THE HOUSE

Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock Y Brockway N 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 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 Y Geisinger E Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Harrell Hatchett Y Hatfield Y Heard

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

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

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
Taylor, D N Taylor, R Y Taylor, T Y Teasley Y Thomas 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 145, nays 4.

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

Representatives Hatchett of the 143rd, Long of the 61st, and Peake of the 42nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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.

TUESDAY, MARCH 27, 2012

4959

The report of the Committee, which was favorable to the 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 Burns
Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke
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 Y Evans
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
Harrell Y Hatchett Y Hatfield Y Heard

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

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 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 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 158, nays 0.

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

Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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JOURNAL OF THE HOUSE

SB 428. 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 Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to administrative procedure, so as to provide for agency reports regarding federal government mandates and duplicate state and federal regulation; to repeal conflicting laws; and for other purposes.

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

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

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood Y Baker Y Battles E Beasley-Teague N Bell N Benfield Y Benton
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 N Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson N 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
Floyd N Fludd
Frazier N Fullerton N 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 N Heard

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

N Mayo Y McBrayer Y McCall
McKillip Y Meadows Y Mitchell
Morgan Y Morris N Mosby N Murphy
Neal, J 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 Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M N 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 N 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 N Waites Y Watson Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

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4961

On the passage of the Bill, the ayes were 119, nays 38.
The Bill, having received the requisite constitutional majority, was passed.
Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
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.
The following Committee substitute was read and adopted:
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 amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit aiming a laser pointer or projecting a laser on or at an aircraft; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by adding a new Code section to read as follows:
"16-10-34. (a) For purposes of this Code section, the term 'laser device' means a device designed to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. Such term also means a device that projects a beam or point of light by means of light amplification by stimulated emission of

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radiation or other means or that emits light which simulates the appearance of a beam of light. (b) It shall be unlawful for any person to knowingly and intentionally project upon a law enforcement officer any laser device without such officer's permission if:
(1) The law enforcement officer is lawfully acting within the course and scope of employment; and (2) The person has knowledge or reason to know that the law enforcement officer is employed as:
(A) A peace officer as defined in paragraph (8) of Code Section 35-8-2; (B) A probation officer, or other employee with the power of arrest, by the Department of Corrections; (C) A parole supervisor, or other employee with the power of arrest, by the State Board of Pardons and Paroles; (D) A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; or (E) A juvenile correctional officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department's programs and facilities. (c) Any person who violates subsection (b) of this Code section shall be guilty of a high and aggravated misdemeanor. (d) It shall not be a defense to a prosecution for a violation of this Code section that the laser device was pointed at such officer through a glass, window, or other transparent or translucent object. (e) Each violation of this Code section shall constitute a separate offense. A sentence imposed under this Code section may be imposed separately from and consecutive to or concurrent with a sentence for any other offense related to the act or acts establishing the offense under this Code section."
SECTION 2. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by adding a new Code section to read as follows:
"16-11-45. (a) As used in this Code section, the term:
(1) 'Laser' means any device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or a device that emits light which simulates the appearance of a laser. (2) 'Laser pointer' means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.

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(b) Except as otherwise provided in subsection (c) of this Code section, whoever knowingly and intentionally aims the beam of a laser pointer, or projects a laser, at an aircraft or at the flight path of an aircraft shall be guilty of a misdemeanor. (c) Laser or laser pointer airspace uses that have been reviewed and approved by the Federal Aviation Administration are exempt from the provisions of this Code section."

SECTION 3. This Act shall become effective on July 1, 2012, and shall apply to offenses committed on or after such date.

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

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

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

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 Y Coleman

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar
Drenner E 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 Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B

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 Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey
Long Y Maddox, B

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris N 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
Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts

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 Y Smyre Y Spencer Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch N Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C

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Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

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

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

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.

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.

SB 234. By Senator Rogers of the 21st:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other 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 provide for the comprehensive revision of provisions relating to ad valorem taxation, assessment, and appeal; to change procedures for transfer of tax executions and enforcement of transferred executions; to change certain provisions relating to redemption by creditors without a lien; to require recording of notices of foreclosure of right to redeem; to extensively revise procedures for assessment appeals and arbitration; to provide for recovery of certain interest, costs, attorney's fees, and other amounts by taxpayers who appeal successfully under certain circumstances; to provide for mailings and payments on nontax related fees or assessments; to change certain provisions relating to joint county appraisal staffs and contracting for advice and assistance; to provide for property tax review boards; to provide for members, powers, duties, and authority; to change certain provisions relating to ascertainment of taxable property and assessments and penalties against unreturned property; to change certain

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provisions relating to annual notice of current assessment; to change certain provisions relating to county boards of equalization and ad valorem tax appeals; to change certain provisions relating to county tax digests and deviations from certain assessment ratios; to change certain provisions relating to conditionally approving certain subsequent county tax digests; to change certain provisions relating to refunds of certain taxes and license fees by counties and municipalities; to provide for limitations on certain contracts to assess and collect municipal taxes and prepare tax digests; to change certain provisions relating to real estate transfer tax exemptions; to change certain provisions relating to real estate transfer tax payment as certain filing prerequisites; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; 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 revising Code Section 48-3-19, relating to transfer of tax executions, as follows:
"48-3-19. (a) As used in this Code section, the term:
(1) 'Delinquent taxpayer' means the person or persons against whom an execution has been issued or the successor in title to the property for which the execution has been issued. (2) 'Due diligence' means the performance of a diligent search to ascertain the actual location of the record owner of the property. The following actions shall satisfy the diligent search requirements of this Code section: sending notice by first-class mail, certified mail, or statutory overnight delivery, as required by law. If the notice is returned undelivered, the following actions shall satisfy the diligent search requirements of this Code section: due diligence shall include checking telephone directories for the county wherein the property is located; checking Internet search engines and people finder data bases, which may include the use of online address verification products and services; checking the records of the tax commissioner of the county wherein the property is located; or checking the real estate records of the clerk of the superior court of the county wherein the property is located. (3) 'Execution' means an execution issued for the collection of any ad valorem taxes, special assessments, fees, penalties, interest, or collection costs due the state or any political subdivision thereof. (4) 'Transferee' means a person to whom an execution is transferred. (5) 'Transferor' means the official holding the tax executions and authorized to collect or transfer such tax executions. (b)(1) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes or special

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assessments, the officer whose duty is to enforce the execution may transfer the execution to the party so paying the full value of the execution. No officer whose duty it is to enforce an execution issued for state, county, or municipal taxes or special assessments shall be required to make any transfer or transfers of such execution or executions. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed by the tax official. The person to whom the execution is transferred shall, within 30 days of the transfer, cause the execution to be entered on the general execution docket of the superior court of the county in which the execution was issued. In default of the required entry or entries, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution.
(2)(A) It shall be unlawful for any tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this subsection are:
(i) County tax receivers, tax collectors, and tax commissioners; (ii) Members of county boards of tax assessors; (iii) Members of county boards of equalization; and (iv) County tax appraisers. (B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and such person's successors in interest. (C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall be guilty of a misdemeanor. (c)(1) Within 60 30 days following the transfer of an execution, the transferee shall notify the delinquent taxpayer of the transfer of the tax execution by: (A) First class mail and certified mail; or (B) Statutory overnight delivery. (1.1) The notice shall include: (A) The name, mailing address, and telephone number for the transferee's business office; (B) The amount necessary to satisfy such execution; and (C) Other information as deemed appropriate by the transferee. (2) In the event that any such notice required in this subsection by: (A) First-class mail and certified mail; or (B) Statutory overnight delivery is returned undelivered, the transferee shall be required to perform a due diligence search in an effort to obtain the delinquent taxpayer's correct address or any new owner's correct address and resend the notice by first-class mail. (d) An execution which has been transferred shall bear interest as specified in Code Section 48-3-20 on the amount paid for such execution from the date of the transfer. In

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addition, the transferee may charge and collect recording fees actually expended in recording the transferred execution on the general execution docket of any county in which the transfer is recorded and such other penalties as are provided for in this title and fees actually required by the clerk of superior court or his or her deputy in recording or canceling the transferred execution on the general execution docket of any county in which the transfer is executed.
(e)(1) Whenever an execution has been transferred to any transferee, the transferee shall not be authorized to submit the execution to the appropriate levying officer until 12 months after the date of such transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. A transferee shall not have the right to advertise and sell property under a tax execution. Such right shall remain solely with the appropriate levying official, such as the sheriff or marshal. (2) A transferee with multiple outstanding executions against the same property shall not be subject to the time period requirements of paragraph (1) of this subsection with respect to all such executions if at least one of the executions meets such requirements of paragraph (1) of this subsection. (f) Until the execution is paid in full or satisfied, on or before November 15 of each year after the calendar year in which the transfer occurred, the transferee shall send notice by regular mail first class mail and certified mail to the delinquent taxpayer and the record owner of the property advising that the tax execution is still outstanding. The notice must shall provide the transferee's most updated contact information, including mailing address and telephone number. In the event any such notice is returned undelivered, the transferee shall be required to perform a due diligence search in an effort to obtain the correct address of the delinquent taxpayer or new owner and resend the notice by first-class mail and certified mail. (g) Any transferee that pays the tax official more than $2 million in any calendar year for the transfer of executions shall maintain a reasonably accessible office within 50 miles of the courthouse wherein the superior court of the county wherein the transferred executions were issued is located. Said office shall be open to the public for at least eight hours per day for five days a week, official state holidays excepted. (h) In the event any execution transferred is later determined to have been issued in error, the transferee shall cease and desist from all collection efforts, remove the associated entries from any execution docket on which it has been entered, and return the execution to the transferor. In return, the transferor shall reimburse the transferee the amount paid for the execution at the time of transfer without any additional fees, interest, and collection costs that may have been incurred by the transferee since the transfer. (i) No executions for nonpayment of taxes shall be transferred for any year as to which the property is in an appeal for any years affected by the appeal until there has been a final determination of the value of the property."

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SECTION 2. Said title is further amended by revising Code Section 48-4-41, relating to redemption by creditors without liens, as follows:
"48-4-41. (a) If the property is redeemed by a creditor of the defendant in fi. fa. who has no lien, the creditor shall have a claim against the property for the amount advanced by him in order to redeem the property if:
(1) There is any sale of the property after the redemption under a judgment in favor of the creditor; and (2) The quitclaim deed is recorded as required by law. (b)(1) As used in this subsection, the term 'authorized party' means any or all of the following:
(A) The defendant in fi. fa.; (B) The holder of any security deed affecting the subject property; or (C) The holder of any lien for taxes affecting the subject property. (2) Any party other than an authorized party redeeming a property at a tax sale shall be prohibited from doing any of the following for at least 12 months after the date of redemption: (A) Applying for a refund of excess funds paid at a tax sale; or (B) Proceeding with any judicial or nonjudicial action to foreclose the first-priority lien created by subsection (a) of this Code section."
SECTION 3. Said title is further amended in Code Section 48-4-46, relating to notice of foreclosure of right to redeem, by revising subsection (d) as follows:
"(d) Each original notice together with the entry of the sheriff on the notice shall be returned to the person by whom the service was requested upon the payment of the sheriff's costs as provided by law. Any original notice together with the entries on the notice may shall be filed and recorded on the deed records in the office of the clerk of the superior court of the county in which the land is located."
SECTION 4. Said title is further amended by revising Code Section 48-5-33, which is reserved, as follows:
"48-5-33. (a) As used in this Code section, the term 'nontax related fees or assessments' means any fees or assessments related to real property which are not ad valorem taxes on such real property and includes, but shall not be limited to, storm-water service fees or solid waste service fees. (b) In the event that the mailing sent by the tax commissioner contains a billing for ad valorem taxes on real property as well as one or more billings for nontax related fees or assessments, and the taxpayer remits only a partial payment, such partial payment shall

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first be applied to the outstanding balance of ad valorem taxes on real property which are due and payable. Reserved."
SECTION 5. Said title is further amended by revising Code Section 48-5-265, relating to joint county appraisal staffs and contracting for advice and assistance, as follows:
"48-5-265. (a)(1) The governing authorities of any two or more Contiguous Class I counties may join together and contract to by intergovernmental agreement create a joint county property appraisal staff following consultation with and the written consent of the county boards of tax assessors of such counties. Under any such contract intergovernmental agreement, the parcels of real property within the contracting counties subject to the intergovernmental agreement shall be totaled, and the counties shall be deemed one county for purposes of determining the class of the counties, the resulting minimum staff requirements, and the amount of money to be received from the department. The costs of the joint county property appraisal staff shall be shared, each county's share to be based upon the ratio which the number of parcels of real property in each contracting county bears to the total number of parcels of real property in all the contracting counties. Any number of Class I counties may join together to create a joint county property appraisal staff determined in the intergovernmental agreement. (2) The governing authorities of any two or more counties may execute an intergovernmental agreement to provide for the sharing of one or more designated members of property appraisal staff following consultation with and the written consent of the county boards of tax assessors of such counties. The costs of such shared staff members shall be determined in the intergovernmental agreement.
(b) The governing authorities of any two or more counties may join together and by intergovernmental agreement Each Class I county may contract with a contiguous county which has a minimum county property appraisal staff to carry out this part following consultation with and the written consent of the county boards of tax assessors of such counties. Counties contracting in this manner All counties subject to an intergovernmental agreement under this subsection shall retain their separate character for the purpose of determining the class and minimum staff requirements for each contracting county.
(c)(1) On or after January 1, 2013, any Each Class I county, at its discretion, may enter into contracts with persons to render advice or assistance to the county board of tax assessors and to the county board of equalization in the assessment and equalization of taxes and to perform such other ministerial duties as are necessary and appropriate to carry out this part, the establishment of property valuations, or the defense of such valuations. Such advice and assistance shall be in compliance with the laws of this state and the rules and regulations of the commissioner. Individuals performing services under such contracts shall complete satisfactorily such training courses as directed by the commissioner. The function of any person contracting to

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render such services shall be advisory or ministerial, only and the final decision as to the amount of assessments and the equalization of assessments shall be made by the county board of tax assessors and the county board of equalization and shall be set forth in the minutes of the county board of tax assessors. (2) No contract entered into pursuant to paragraph (1) of this subsection shall contain any provision authorizing payment to any person contracted with, or to any person employed by any person contracted with, upon a percentage basis or upon any basis under which compensation is dependent or conditioned in any way upon increasing or decreasing the aggregate assessment of property in the county. Any contract or provision of a contract which is in violation of this paragraph is shall be void and unenforceable."
SECTION 6. Said title is further amended by adding a new Code section to read as follows:
"48-5-295.2. (a) As used in this Code section, the term 'review board' means a property tax review board appointed under subsection (b) of this Code section. (b) The commissioner shall appoint an independent property tax review board. The commissioner shall appoint three competent persons to serve as members of the review board, one of whom shall be an employee of the commissioner, one of whom shall be a chief appraiser, and one of whom shall be a citizen taxpayer. Each member of the review board shall serve for a term of one year and until that member's successor has been appointed and qualified. The commissioner shall appoint a successor to fill the unexpired term of any vacancy on the review board. The commissioner may appoint additional review boards if necessary for the effective and efficient performance of duties under this Code section. (c) It shall be the duty of each review board to make a thorough and complete investigation of complaints filed with the commissioner by any taxpayer regarding any county board of tax assessors, or one or more members thereof, or any county board of equalization, or one or more members thereof, with respect to all actions regarding:
(1) Blatant or wanton disregard of state law or regulations; or (2) Inappropriate, unprofessional, or abusive behavior. (d) Upon the filing of a uniform complaint form with a review board and the filing of a $100.00 filing fee payable to the commissioner, the review board shall conduct an initial review within ten days of the date of the filing of the complaint to determine if the complaint and any accompanying documentation or evidence has sufficient merit to proceed to a hearing. A review board shall make a written determination that either the complaint is insufficient to proceed to a hearing or that it is sufficient to proceed to a hearing. If a review board finds that a hearing is warranted, the hearing shall be scheduled within ten days of the date of the finding of sufficiency. (e) A review board shall issue a written report of its findings following such hearing which shall include such evaluations, judgments, and recommendations as it deems appropriate.

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(f) The findings of the report of the review board under subsection (d) of this Code section shall be grounds for the commissioner to order mandatory additional training or education, disqualification to continue to serve as a member of a county board of tax assessors or a county board of equalization pending the successful completion of such remediation as may be ordered by the commissioner, a refund of the filing fee, or such other remediation measures as the commissioner deems appropriate. (g) A review board shall not be authorized to investigate and shall not accept complaints regarding any staff of a county board of tax assessors. (h) A public notice stating a taxpayer's right to file a complaint as described by this Code section shall be posted:
(1) On the county's website; (2) In a prominent location readily viewable by the public in the office of the county board of tax assessors and on such board's website; and (3) In the office of the county board of equalization in each county in this state."
SECTION 7. Said title is further amended by revising subsection (b) of Code Section 48-5-299, relating to ascertainment of taxable property and assessments and penalties against unreturned property, as follows:
"(b)(1) In all cases where unreturned property is assessed by the county board of tax assessors after the time provided by law for making tax returns has expired, the board shall add to the amount of state and county taxes due a penalty of 10 percent of the amount of the tax due or, if the principal sum of the tax so assessed is less than $10.00 in amount, a penalty of $1.00. The penalty provided in this subsection shall be collected by the tax collector or the tax commissioner and in all cases shall be paid into the county treasury and shall remain the property of the county.
(2)(A) The provisions of paragraph (1) of this subsection to the contrary notwithstanding, this paragraph shall apply with respect to counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census. (B) In all cases in which unreturned property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the assessment of the property a penalty of 10 percent, which shall be included as a part of the taxable value for the year."
SECTION 8. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 48-5-306, relating to annual notice of current assessment, as follows:
"(2)(A) In addition to the items required under paragraph (1) of this subsection, the notice shall contain a statement of the taxpayer's right to an appeal and an estimate of the current year's taxes for all levying authorities which shall be in substantially the following form:

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'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors. At the time of filing your appeal you must select one of the following options:
(i) An appeal to the county board of equalization with appeal to the superior court; (ii) To arbitration without an appeal to the superior court; or (iii) For a parcel of nonhomestead property with a fair market value in excess of $1 million as shown on the taxpayer's notice of assessment, and any contiguous nonhomestead real property owned by the same taxpayer, to a hearing officer with appeal to the superior court. If you wish to file an appeal, you must do so in writing no later than 45 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).' (B) The notice shall also contain the following statement in bold print: 'The estimate of your ad valorem tax bill for the current year is based on the previous or most applicable year's millage rate and the fair market value contained in this notice. The actual tax bill you receive may be more or less than this estimate. This estimate may not include all eligible exemptions.'"
SECTION 9. Said title is further amended by revising Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, as follows:
"48-5-311. (a) Establishment.
(1) Except as otherwise provided in this subsection, there is established in each county of the this state a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 10,000 parcels of real property, the county governing authority, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. (2) Notwithstanding any part of this subsection to the contrary, at any time the governing authority of a county makes a request to the grand jury of the county for additional alternate members of boards of equalization, the grand jury shall appoint the number of alternate members so requested to each board of equalization, such number not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards shall be duly qualified and authorized to serve on any of the boards of equalization of the county. The grand jury of any such county

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members of each board of equalization may designate a chairperson and two vice chairpersons of each such board of equalization. The chairperson and vice chairpersons shall be vested with full administrative authority in calling and conducting the substantive business of the board. The clerk of the superior court shall be vested with administrative authority in all other matters governing the conduct and business of the boards of equalization so as to provide oversight and supervision of such boards in compliance with paragraph (4) of subsection (d) of this Code section. Any combination of members or alternate members of any such board of equalization of the county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of the county shall be competent to serve in such capacity as provided in this Code section upon appointment and taking of oath. (3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section. (4) The governing authorities of two or more counties may by intergovernmental agreement establish regional boards of equalization for such counties which shall operate in the same manner and be subject to all of the requirements of this Code section specified for county boards of equalization. The intergovernmental agreement shall specify the manner in which the members of the regional board shall be appointed by the grand jury of each of the counties and shall specify which clerk of the superior court shall have oversight over and supervision of such regional board. All hearings and appeals before a regional board shall be conducted in the county in which the property which is the subject of the hearing or appeal is located. (b) Qualifications. (1) Each person who is, in the judgment of the appointing grand jury, qualified and competent to serve as a grand juror, who is the owner of real property in the county where such person is appointed to serve, or, in the case of a regional board of equalization, is the owner of real property in any county in the region where such person is appointed to serve, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the governing authority of a county, municipality, or consolidated government; member of a county or independent board of education; member of the county board of tax assessors; employee of the county

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board of tax assessors; or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization.
(2)(A) Each person seeking to be appointed as a member or alternate member of a county board of equalization shall, not later than immediately prior to the time of their appointment under subsection (c) of this Code section, file with the clerk of the superior court a uniform application form which shall be a public record. The commissioner shall design the form which indicates the applicant's education, employment background, experience, and qualifications for such appointment. (B) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. On or after January 1, 2013, following the completion of each successive two terms of office, a member shall, within the first year of appointment to the subsequent term of office, complete satisfactorily not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner for newly appointed members. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (B)(C) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 2011, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) (B) of this paragraph. Any person appointed to such board shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (c) Appointment. (1) Except as provided in paragraph (2) of this subsection, each member and alternate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of such member or such alternate member's selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee

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being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one member and one alternate for three-year terms. (3) If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. (4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver cause such appointees to appear before the clerk for the purpose of taking and executing in writing the oath of office. The clerk may utilize any means necessary for such purpose, including, but not limited to, telephonic or other communication, regular first-class mail, or issuance of and delivery to the sheriff or deputy sheriff a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or deputy sheriff shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of such member and alternate member's duties, shall take and execute in writing before the clerk of the superior court the following oath:
'I, _______________, agree to serve as a member of the board of equalization of the County of _______________ and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the laws of this state. I also agree not to discuss any case or any issue with any person other than members of the board of equalization except at any appeal hearing. I shall faithfully and impartially discharge my duties in accordance with the Constitution and laws of this state, to the best of my skill and knowledge. So help me God.
_________________________________ Signature of member or alternate member' In addition to the oath of office prescribed in this paragraph, the presiding or chief judge of the superior court or his or her designee shall charge each member and alternate member of the county board of equalization with the law and duties relating to such office.

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(d) Duties and powers. (1) The county board of equalization shall hear and determine appeals from assessments and denials of homestead exemptions as provided in subsection (e) of this Code section. (2) If, in the course of determining an appeal, the county board of equalization finds reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the board shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax assessors to take such action as is necessary to obtain uniformity, except that, when a question of county-wide uniformity is considered by the board, the board may recommend a partial or total county-wide revaluation only upon a determination by a majority of all the members of the board that the clear and convincing weight of the evidence requires such action. The board of equalization may act pursuant to this paragraph whether or not the appellant has raised the issue of uniformity. (3) The board shall establish procedures which comply strictly with the regulations promulgated by the commissioner pursuant to subparagraph (e)(5)(B) (e)(1)(D) of this Code section for the conducting of appeals before the board. The procedures shall be entered into the minutes of the board, and a copy of the procedures shall be made available to any individual upon request. (4)(A) The clerk of the superior court shall have oversight over and supervision of all boards of equalization of the county and hearing officers. This oversight and supervision shall include, but not be limited to, requiring appointment of members of county boards of equalization by the grand jury; giving the notice of the appointment of members and alternates of the county board of equalization by the county grand jury as required by Code Section 15-12-81; collecting the names of possible appointees; collecting information from possible appointees as to their qualifications; presenting the names of the possible appointees to the county grand jury; processing the appointments as required by paragraph (4) of subsection (c) of this Code section, including administering the oath of office to the newly appointed members and alternates of the county board of equalization as required by paragraph (5) of such subsection; instructing the newly appointed members and alternates as to the training they must receive and the operations of the county board of equalization; presenting to the grand jury of the county the names of possible appointees to fill vacancies as provided in paragraph (3) of such subsection; maintaining a roster of board members and alternates, maintaining a record showing that the board members and alternates completed training, keeping attendance records of board members and alternates for the purpose of payment for service, and maintaining the uniform application forms and keeping a record of the appointment dates of board members and alternates and their terms in office; and informing the county board of equalization that it must establish by regulation procedures for conducting appeals before the board as required by paragraph (3) of this subsection

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(d) of this Code section. Oversight and supervision shall also include the scheduling of board hearings, assistance in scheduling hearings before hearing officers, and giving notice of the date, time, and place of hearings to the taxpayers and the county board of tax assessors and giving notice of the decisions of the county board of equalization or hearing officer to the taxpayer and county board of tax assessors as required by division (e)(6)(D)(i) of this Code section. (B) The county governing authority shall provide any resources to the clerk of superior court that are required to be provided by paragraph (7) of subsection (e) of this Code section. (C) The county governing authority shall provide to the clerk of superior court facilities and secretarial and clerical help for appeals pursuant to subsection (e.1) of this Code section. (D) The clerk of superior court shall maintain any county records of all notices to the taxpayer and the taxpayer's attorney, of certified receipts of returned or unclaimed mail, and from the hearings before the board of equalization and before hearing officers until the deadline to file any appeal to the superior court expires. If an appeal is not filed to the superior court, the clerk of superior court is authorized to properly destroy any records from the hearings before the county board of equalization or hearing officers but shall maintain records of all notices to the taxpayer and the taxpayer's attorney and certified receipts of returned or unclaimed mail for 12 months. If an appeal to the superior court is filed, the clerk of superior court shall file such records in the civil action that is considered open by the clerk of superior court for such appeal, and such records shall become part of the record on appeal in accordance with paragraph (2) of subsection (g) of this Code section. (e) Appeal. (1)(A) Any taxpayer or property owner as of the last date for filing an appeal may elect to file an appeal from an assessment by the county board of tax assessors to either:
(i) The county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions pursuant to paragraph (2) of this subsection; (ii) An arbitrator as to matters of value pursuant to subsection (f) of this Code section; or (iii) A hearing officer as to matters of value and uniformity for a parcel of nonhomestead real property with a fair market value in excess of $1 million as shown on the taxpayer's notice of assessment, and any contiguous nonhomestead real property owned by the same taxpayer, pursuant to subsection (e.1) of this Code section. The commissioner shall establish by rule and regulation a uniform appeal form that the taxpayer may use. (B) In addition to the grounds enumerated in subparagraph (A) of this paragraph, any taxpayer having property that is located within a municipality, the boundaries of which municipality extend into more than one county, may also appeal from an

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assessment on such property by the county board of tax assessors to the county board of equalization or to a hearing officer as to matters of uniformity of assessment of such property with other properties located within such municipality, and any uniformity adjustments to the assessment that may result from such appeal shall only apply for municipal ad valorem tax purposes. (C) Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to a hearing officer shall be conducted in the manner specified in subsection (e.1) of this Code section. Appeals to an arbitrator shall be conducted in the manner specified in subsection (f) of this Code section. Such appeal proceedings shall be conducted between the hours of 8:00 A.M. and 7:00 P.M. on a business day. Following the notification of the taxpayer of the date and time of such taxpayer's scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer. The clerk of the superior court shall grant additional extensions to the taxpayer or the county board of tax assessors for good cause shown. (D) The commissioner, by regulation, shall adopt uniform procedures and standards which shall be followed by county boards of equalization, hearing officers, and arbitrators in determining appeals. Such rules shall be updated and revised periodically and reviewed no less frequently than every five years. (2)(A) An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question, and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any

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additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization. If, however, the taxpayer and the county board of tax assessors execute a signed agreement as to valuation, the appeal shall terminate as of the date of such signed agreement. (C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. The notice shall be sent by regular mail properly addressed to the address or addresses the taxpayer provided to the county board of tax assessors. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 30 days of the date of mailing of the change notice, institute an appeal to the county board of tax assessors by emailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of appeal. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (D) The written notice to the taxpayer required by this paragraph shall contain a statement of the grounds for rejection of any position the taxpayer has asserted with regard to the valuation of the property. No addition to or amendment of such grounds as to such position shall be permitted before the county board of equalization. (3)(A) In any each year in which no county-wide revaluation is implemented, the county board of tax assessors shall make its determination and notify the taxpayer within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization with written notice to the taxpayer, except as otherwise provided in this paragraph. (B) In any county in which the number of appeals exceeds a number equal to or greater than 3 percent of the total number of parcels in the county or equal to or greater than 3 percent of the gross tax digest of the county, the county board of tax assessors shall be granted an additional 180 day period to make its determination and notify the taxpayer. Such additional period shall commence immediately following the last day of the 180 days provided for under subparagraph (A) of this paragraph. If the county board of tax assessors fails to make its determination and notify the taxpayer or the taxpayer's attorney not later than the last day of such additional 180 day period, the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal unless a time extension is granted under subparagraph (C) of this paragraph. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (C) Upon a sufficient showing of good cause by reason of unforeseen circumstances proven to the commissioner prior to the expiration of the additional

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180 day period provided for under subparagraph (B) of this paragraph, the commissioner shall be authorized to provide for a time extension beyond the end of such additional 180 day period. The duration of any such time extension shall be specified in writing by the commissioner and shall also be posted on the website of the county board of tax assessors. If the county board of tax assessors fails to make its determination and notify the taxpayer and the taxpayer's attorney not later than the last day of such time extension, the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. In addition, the commissioner shall be authorized to impose penalties, require additional training, or require such other remediation as the commissioner may deem appropriate for failure to meet the deadline imposed by the commissioner under this subparagraph. (4) The determination by the county board of tax assessors of questions of factual characteristics of the property under appeal, as opposed to questions of value, shall be prima-facie correct in any appeal to the county board of equalization. However, the board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. (5) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (6)(A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. Such notice shall be sent by first-class mail to the taxpayer. Such notice shall be transmitted by e-mail to the county board of tax assessors if such board has adopted a written policy consenting to electronic service, and, if it has not, then such notice shall be sent to such board by first-class mail. A taxpayer may appear before the board concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. (C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property.

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(D)(i) The board of equalization shall render announce its decision on each appeal at the conclusion of the hearing under held in accordance with subparagraph (B) of this paragraph before proceeding with another hearing. The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such decision as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of such taxpayer's appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (j) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be delivered by hand to each party, with written receipt, or given to each party by sending a copy of the decision by registered or certified mail or statutory overnight delivery to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must shall sign the decision indicating their vote. (ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization.
(iii)(I) If the county's tax bills are issued before the county board of equalization has rendered its decision on property which is on appeal, the county board of tax assessors shall specify to the county tax commissioner the higher of the taxpayer's return valuation or 85 percent of the current prior year's valuation as set by the county board of tax assessors. This unless the property in issue has been issued a building permit and structural improvements have occurred, or structural improvements have been made without a building permit, in which case, it shall specify 85 percent of the current year's valuation as set by the county board of assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that the taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no property improvement has occured. The county tax commissioner shall have the authority to adjust such tax bill to reflect the 100 percent value as requested by the taxpayer. Such tax bill shall be accompanied by a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon resolution of the appeal, there may be additional taxes due or a refund issued.

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(II) If the final determination of the value on appeal is less than the valuation thus used, the taxpayer shall receive a deduction in such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer or to the entity or transferee that paid the taxes and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. (III) If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due to the date the additional taxes are remitted, but in no event shall the amount of such interest exceed $150.00. (7) The clerk of the superior court shall furnish the county board of equalization necessary facilities and secretarial and clerical administrative help. The clerk of the superior court shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must shall consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board must shall consider the study upon any such request. (9) If at any time during the appeal process to the county board of equalization and after certification by the county board of tax assessors to the county board of equalization, the county board of tax assessors and the taxpayer mutually agree in writing on the fair market value, then the county board of tax assessors, or the county board of equalization, as the case may be, shall enter the agreed amount in all appropriate records as the fair market value of the property under appeal, and the appeal shall be concluded. The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation unless otherwise waived by both parties. (10) Within ten days of a final determination of value by the tax assessors, a board of equalization, arbitrator, hearing officer, or the superior court, the county board of tax assessors shall forward said decision to the tax commissioner. (e.1)(1) For any dispute involving the value or uniformity of a parcel of nonhomestead real property with a fair market value in excess of $1 million as shown on the taxpayer's notice of assessment, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. If such taxpayer owns nonhomestead real property contiguous to such qualified nonhomestead real property, at the option of the taxpayer, such contiguous property may be consolidated with the qualified property for purposes of the hearing under this subsection.

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(2) Individuals desiring to serve as hearing officers and who are either state certified general real property appraisers or state certified residential real property appraisers as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board shall complete and submit an application, a list of counties the hearing officer is willing to serve, disqualification questionnaire, and resume and be approved by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board to serve as a hearing officer. Such board shall annually publish a list of qualified and approved hearing officers for Georgia. (3) The clerk of the superior court shall furnish any hearing officer so selected the necessary facilities. (4) An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing with the county board of tax assessors a notice of appeal to a hearing officer within 45 days from the date of mailing the notice of assessment pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the taxpayer's election to appeal to a hearing officer and showing the location of the real property contained in the assessment notice shall be deemed a notice of appeal by the taxpayer. (5) The county board of tax assessors may for no more than 90 days review the taxpayer's written appeal, and if changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If within 30 days of the mailing of such notice the taxpayer notifies the county board of tax assessors in writing that such changes or corrections are not acceptable, the county board of tax assessors shall, within 30 days of the date of mailing of such taxpayer's notification, send or deliver certify the notice of appeal and send or deliver all necessary papers to the clerk of the superior court and mail a copy to the taxpayer.
(6)(A) The clerk of superior court shall randomly select from such list a hearing officer who shall have experience or expertise in hearing or appraising the type of property that is the subject of appeal to hear the appeal, unless the taxpayer and the county board of tax assessors mutually agree upon a hearing officer from such list. The clerk of the superior court shall notify the taxpayer and the taxpayer's attorney of the name of the hearing officer and transmit a copy of the hearing officer's disqualification questionnaire and resume provided for under paragraph (2) of this subsection. The hearing officer, in conjunction with all parties to the appeal, shall set a time and place to hear evidence and testimony from both parties. The hearing shall take place in the county where the property is located, or such other place as mutually agreed to by the parties and the hearing officer. The hearing officer shall provide electronic or written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to

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comply with this requirement shall be grounds for an automatic continuance or for exclusion of such documents or other written evidence. (B) If the clerk of the superior court, after a diligent search, cannot find a qualified hearing officer who is willing to serve, the clerk of the superior court shall transfer the certification of the appeal to the county or regional board of equalization and notify the taxpayer and the taxpayer's attorney and the county board of tax assessors of the transmittal of such appeal. (7) The hearing officer shall swear in all witnesses, perform the powers, duties, and authority of a county or regional board of equalization, and determine the fair market value of the real property based upon the testimony and evidence presented during the hearing. Any issues other than fair market value and uniformity raised in the appeal shall be preserved for appeal to the superior court. The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. At the conclusion of the hearing, the hearing officer shall notify both parties of the decision verbally and shall send the taxpayer both parties the decision in writing. (8) The taxpayer or the board of tax assessors may appeal the decision of the hearing officer to the superior court as provided in subsection (g) of this Code section. (9) If, at any time during the appeal under this subsection, the taxpayer and the county board of tax assessors execute a signed written agreement on the fair market value and any other issues raised, the appeal shall terminate as of the date of such signed agreement, and the fair market value as set forth in such agreement shall become final, and subsection (c) of Code Section 48-5-299 shall apply. The provisions contained in this paragraph may be waived at any time by written consent of the taxpayer and the county board of tax assessors. (10) Each hearing officer shall be compensated by the county for time expended in considering appeals. The compensation shall be paid at a rate of not less than $75.00 per hour for the first hour and not less than $25.00 per hour for each hour thereafter as determined by the county governing authority or as may be agreed upon by the parties. Compensation pursuant to this paragraph shall be paid from the county treasury upon certification by the hearing officer of the hours expended in hearing of appeals. The attendance at any training required by the commissioner shall be part of the qualifications of the hearing officer, and any nominal cost of such training shall be paid by the hearing officer. If the clerk of the superior court, after diligent search, cannot find a qualified hearing officer who is willing to serve, the clerk of the superior court shall notify the county board of tax assessors in writing. The county board of tax assessors shall then certify the appeal to the county or regional board of equalization. (11) The commissioner shall promulgate rules and regulations for the proper administration of this subsection, including, but not limited to, a uniform appeal form; qualifications; training, including an eight-hour course on Georgia property law, Georgia evidence law, preponderance of evidence, burden of proof, credibility of the witnesses, and weight of evidence; disqualification questionnaire; selection; removal;

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and any other matters necessary to the proper administration of this subsection. Such rules and regulations shall also include a uniform appeal form which shall require the initial assertion of a valuation of the property by the taxpayer. Any such assertion of value shall be subject to later revision by the taxpayer based upon written evidence. The commissioner shall seek input from all interested parties prior to such promulgation. (f) Arbitration. (1) As used in this subsection, the term 'certified appraisal' means an appraisal or appraisal report given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board. (2) At the option of the taxpayer, an appeal shall be submitted to arbitration in accordance with this subsection.
(3)(A) Following an election by the taxpayer to use the arbitration provisions of this subsection, an arbitration appeal shall be effected by the taxpayer by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing a written notice of arbitration appeal with the county board of tax assessors. The notice of arbitration appeal shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. Within ten days of receipt of a taxpayer's notice of arbitration appeal, the board of tax assessors shall send to the taxpayer an acknowledgment of receipt of the appeal; a notice that the taxpayer must shall, within 45 days of the filing of the notice date of transmittal of the acknowledgment of receipt of the appeal, provide to the board of assessors for consideration a copy of a certified appraisal; and a confirmation of the amount of the filing fees, if any, required under Code Section 15-6-77 and notice that within 45 days of the date of transmittal of the acknowledgment of receipt of the appeal, the taxpayer shall pay to the clerk of the superior court the fees, if any, if the county board of tax assessors rejects the appraisal. Failure of the taxpayer to provide such certified appraisal and filing fees within such 45 days shall terminate the appeal unless the taxpayer within such 45 day period elects to have the appeal immediately forwarded to the board of equalization. Prior to appointment of the arbitrator and within 45 days of filing the notice of the acknowledgment of receipt of the appeal, the taxpayer shall provide a copy of the certified appraisal as specified in this paragraph to the board of assessors for consideration. Within 45 days of receiving the taxpayer's certified appraisal, the board of assessors shall either accept the taxpayer's appraisal, in which case that value shall become final, or the county board of tax assessors shall reject the taxpayer's appraisal by sending within ten days of the date of such rejection a written notification by certified mail of such rejection to the taxpayer and the taxpayer's attorney of record, in which case the county board of tax assessors shall certify within 45 days the appeal to the clerk of the superior court of the county in which the property is located along with any other papers specified by the person seeking arbitration under this subsection, including, but not limited to,

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the staff information from the file used by the county board of tax assessors. In the event the taxpayer is not notified of a rejection of the taxpayer's appraisal within such ten-day period, the taxpayer's appraisal value shall become final. In the event that the county board of tax assessors neither accepts nor rejects the value set out in the certified appraisal within such 45 day period 45 days after receipt of the certified appraisal, then the certified appraisal shall become the final value, and the filing fees shall be returned to the taxpayer. In any case where a taxpayer properly filed for the 2009 tax year a notice of binding arbitration appeal and provided the required certified appraisal in accordance with this paragraph and the board of assessors neither accepted nor rejected the value set out in such certified appraisal within the 30 day period formerly specified under this subparagraph, then for purposes of the 2009 tax year, the value set forth in the taxpayer's certified appraisal shall be deemed the final value. All papers and information certified to the clerk shall become a part of the record on arbitration. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and the taxpayer's attorney of record, if any, or employee with a copy of the certification along with any other papers specified by the person seeking arbitration along with the civil action file number assigned to the appeal. Within 15 days of filing the certification to the clerk of the superior court, the presiding or chief judge of the superior court of the circuit in which the property is located shall issue an order authorizing the arbitration. (B) At any point, the county board of tax assessors and the taxpayer may execute a signed, written agreement establishing the fair market value without entering into or completing the arbitration process. The fair market value as set forth in such agreement shall become the final value. (B)(C) The arbitration shall be conducted pursuant to the following procedure:
(i) The county board of tax assessors shall include in the notice of rejection of the taxpayer's certified appraisal a notice of a meeting time and place to decide upon an arbitrator, to occur within 60 days after the date of sending the rejection of the taxpayer's certified appraisal. If such meeting is not scheduled by the county board of tax assessors within such 60 day period, the taxpayer's certified appraisal shall become the final determination of value. Following the notification of the taxpayer of the date and time of the meeting, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the meeting to a date and time acceptable to the taxpayer. If the parties agree, the matter shall be submitted to a single arbitrator chosen by the parties. Only if If the parties cannot agree on the single arbitrator, the arbitrator shall be chosen by the presiding or chief judge of the superior court of the circuit in which the property is located within 30 days after the filing of a petition by either party; (ii) In order to be qualified to serve as an arbitrator, a person shall be classified as a state certified general real property appraiser or state certified residential real property appraiser pursuant to the rules and regulations of the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board and shall have

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experience or expertise in appraising the type of property that is the subject of the arbitration; (iii) The arbitrator, within 30 days after his or her appointment, shall set a time and place to hear evidence and testimony from both parties. The arbitrator shall provide written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement, unless waived by mutual written agreement of such parties, shall be grounds for a continuance or for exclusion of such documents or other written evidence. The arbitrator, in consultation with the parties, may adjourn or postpone the hearing. Following notification of the taxpayer of the date and time of the hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the hearing to a date and time acceptable to the taxpayer. The presiding or chief judge of the superior court of the circuit in which the property is located may direct the arbitrator to proceed promptly with the hearing and the determination of the appeal upon application of any party. The hearing shall occur in the county in which the property is located or such other place as may be agreed upon in writing by the parties; (iv) At the hearing, the parties shall be entitled to be heard, to present documents, testimony, and other matters, and to cross-examine witnesses. The arbitrator may hear and determine the controversy upon the documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear; (v) The arbitrator shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrator or any party to the proceeding may have the proceedings transcribed by a court reporter; (vi) The provisions of this paragraph may be waived at any time by written consent of the taxpayer and the board of tax assessors; (vii) At the conclusion of the hearing, the arbitrator shall render a decision regarding the value of the property subject to arbitration; (viii) In order to determine the value, the arbitrator shall consider a single the final value for the property submitted by the board of assessors and a single the final value submitted by the taxpayer. The taxpayer shall be responsible for the cost of any appraisal by the taxpayer's appraiser; (ix) Upon consideration of the single final value submitted by the board of assessors and the single final value submitted by the taxpayer, and evidence supporting the values submitted by the board of assessors and the taxpayer, the arbitrator shall determine which value is the value for the property under appeal; (x) If the taxpayer's value is determined by the arbitrator to be the value, the county shall be responsible for the clerk of the superior court's fees, if any, and the fees and costs of such arbitrator. If the board of tax assessors' value is determined

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by the arbitrator to be the value, the taxpayer shall be responsible for the clerk of the superior court's fees, if any, and the fees and costs of such arbitrator; and (xi) The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. (4) The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation established or rendered by any county board of equalization, arbitrator, hearing officer, or superior court. (5) If the county's tax bills are issued before an arbitrator has rendered its decision on property which is on appeal, the county board of tax assessors shall specify to the county tax commissioner the higher of the taxpayer's return valuation or 85 percent of the current prior year's valuation as set by the county board of tax assessors. This unless the property in issue has been issued a building permit and structural improvements have occurred, or structural improvements have been made without a building permit, in which case, it shall specify 85 percent of the current year's valuation as set by the county board of assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that the taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no property improvement has occurred. The county tax commissioner shall have the authority to adjust such tax bill to reflect the 100 percent value as requested by the taxpayer. Such tax bill shall be accompanied by a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon resolution of the appeal, there may be additional taxes due or a refund issued. (g) Appeals to the superior court. (1) The taxpayer or the county board of tax assessors may appeal decisions of the county board of equalization or hearing officer, as applicable, to the superior court of the county in which the property lies. By mutual written agreement, the taxpayer and the county board of tax assessors may waive an appeal to the county board of equalization and initiate an appeal under this subsection. A county board of tax assessors shall not appeal a decision of the county board of equalization or hearing officer, as applicable, changing an assessment by 20 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal, and, within ten days of receipt of the notice, the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the

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taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization or hearing officer is mailed pursuant to subparagraph (e)(6)(D) or paragraph (6) of subsection (e.1) of this Code section. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing, including, but not limited to, the staff information from the file used by the county board of tax assessors, the county board of equalization, or the hearing officer. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and his or her attorney of record, if any, with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court may, upon motion or sua sponte, authorize the finding find that the value asserted by the taxpayer is unreasonable and reasonable and the fair market value of the property, or declare a mistrial authorize the determination of the final value of the property.
(4)(A) The appeal shall be placed on the court's next available jury or bench trial calendar, at the taxpayer's election, following the filing of the appeal unless continued by the court upon a showing of good cause. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 30 days following the date on which the appeal is filed with the clerk of the superior court. The time of any hearing shall be set in consultation with the taxpayer and at a time acceptable to the taxpayer between the hours of 8:00 A.M. and 7:00 P.M. on a business day.
(B)(i) The county board of tax assessors shall use the valuation of the county board of equalization or the hearing officer, as applicable, in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization or hearing officer, as applicable, the taxpayer shall receive a deduction in such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer or to the entity or transferee that paid the taxes and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00.

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(ii) If the final determination of value on appeal is 80 percent or less of the valuation set by the county board of equalization or hearing officer as to commercial property, or 85 percent or less of the valuation set by the county board of tax assessors as to other property, the taxpayer, in addition to the interest provided for by this paragraph, shall recover costs of litigation and reasonable attorney's fees incurred in the action. Any appeal of an award of attorney's fees by the county shall be specifically approved by the governing authority of the county. (iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization or hearing officer, as applicable, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of tax was due to the date the additional taxes are remitted, but in no event shall the amount of such interest exceed $150.00. (h) Recording of interviews. In the course of any assessment, appeal, or arbitration, or any related proceeding, the taxpayer shall be entitled to make recordings of any interview with any officer or employee of the taxing authority relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview. (i) Alternate members. Alternate members of the county board of equalization in the order in which selected shall serve: (1) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term; (2) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or (3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board. (j) Disqualification. (1) No member of the county board of equalization and no hearing officer shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter. (2) The parties to an appeal to the county board of equalization or to a hearing officer shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization or hearing officer. Each question shall be phrased so that it can be

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answered by an affirmative or negative response. The members of the county board of equalization or hearing officer shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(1)(D) of this Code section. Answers of the county board of equalization or hearing officers shall be part of the decision of the board or hearing officer and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board or hearing officer to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court. (k) Compensation. Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be determined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals. (l) Military service. In the event of the absence of an individual from such individual's residence because of duty in the armed forces, the filing requirements set forth in paragraph (3) of subsection (f) of this Code section shall be tolled for a period of 90 days. During this period, any member of the immediate family of the individual, or a friend of the individual, may notify the tax receiver or the tax commissioner of the individual's absence due to military service and submit written notice of representation for the limited purpose of the appeal. Upon receipt of this notice, the tax receiver or the tax commissioner shall initiate the appeal. (m) Refunds. In the event a refund is owed to the taxpayer, such refund shall be paid to the taxpayer, entity, or transferee who paid the taxes within 60 days of the last date upon which an appeal may be filed, or the date the final determination of value is established on appeal, whichever is later. Any refund paid after the sixtieth day shall accrue interest from the sixtieth day until paid with interest at the same rate as specified in Code Section 48-2-35. (n) Service of notice. A notice of appeal to a board of tax assessors under subsection (e), (e.1), (f), or (g) of this Code section shall be deemed filed as of the date of the United States Postal Service postmark, receipt of delivery by statutory overnight delivery, or, if the board of tax assessors has adopted a written policy consenting to electronic service, by transmitting a copy to the board of tax assessors via e-mail in portable document format using all e-mail addresses provided by the board of tax assessors and showing in the subject line of the e-mail message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail, statutory overnight delivery, or electronic transmittal is complete upon such service. Proof of

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service may be made within 45 days of receipt of the notice of current assessment to the taxpayer by certificate of the taxpayer, the taxpayer's attorney, or the taxpayer's employee by written admission or by affidavit. Failure to make proof of service shall not affect the validity of service. (o) When a taxpayer authorizes an attorney in writing to act on the taxpayer's behalf, all notices required to be provided to the taxpayer regarding hearing times, dates, certifications, or official actions shall instead be provided to such attorney."
SECTION 10. Said title is further amended by revising subsection (b) of Code Section 48-5-345, relating to county tax digests and deviations from certain assessment ratios, and by adding a new subsection to read as follows:
"(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 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. (c) Beginning with tax digests on or after January 1, 2012, no county shall be subject to the assessment authorized by subsection (b) of this Code section. This subsection shall stand automatically repealed on December 31, 2014."
SECTION 11. Said title is further amended in Code Section 48-5-346, relating to the effect of conditionally approving certain subsequent county tax digests, by adding a new subsection to read as follows:
"(e) Beginning with tax digests on or after January 1, 2012, no county shall be subject to the penalty authorized by paragraph (2) of subsection (a) of this Code section. This subsection shall stand automatically repealed on December 31, 2014."
SECTION 12. Said title is further amended by revising Code Section 48-5-359.1, relating to contracts to assess and collect municipal taxes and prepare tax digests, as follows:
"48-5-359.1. (a)(1)(A) This paragraph shall apply to a county which has fewer than 50,000 tax parcels within such county.

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(B) Any county and any municipality wholly or partially located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county. (2)(A) This paragraph shall apply to any county which has 50,000 or more tax parcels within such county. (B) Any county and any municipality wholly or partially located within such county may contract for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and, a municipality, and the tax commissioner shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to accept, receive, and retain compensation from the county for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county. (2)(A) No contract which was entered into under this subsection prior to the effective date of this Code section shall be in any way renewed or extended. Such contract shall remain in force and effect only until the expiration date specified in such contract. (B) No contract shall be entered into under this subsection on or after the effective date of this Code section. (C) Any contract, extension, or renewal which violates any provision of subparagraph (A) or (B) of this paragraph shall be deemed contrary to public policy and shall be unenforceable. (b) With respect to any county for which the office of tax commissioner has not been created, any reference in subsection (a) or (c) of this Code section to the tax commissioner shall be deemed to refer to the tax receiver and the tax collector. (c) Any county and any municipality wholly or partially located within such county may contract for the tax commissioner of the county, with the consent of the tax commissioner, to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting

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such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. The tax commissioner is specifically prohibited from contracting directly with a municipality, and accepting, receiving, and retaining compensation from the municipality for such additional duties and responsibilities."
SECTION 13. Said title is further amended by revising subsections (b) and (c) of Code Section 48-5380, relating to refunds of certain taxes and license fees by counties and municipalities, as follows:
"(b) In any case in which it is determined that an erroneous or illegal collection of any tax or license fee has been made by a county or municipality or that a taxpayer has voluntarily or involuntarily overpaid any tax or license fee grounds for a refund exist under subsection (a) of this Code section, the taxpayer from whom the tax or license fee was collected may file a claim for a refund with the governing authority of the county or municipality at any time within one year or, in the case of taxes, three years after the date of the payment of the tax or license fee to the county or municipality. The claim for refund shall be in writing and shall be in the form and shall contain the information required by the appropriate governing authority. The claim shall include a summary statement of the grounds upon which the taxpayer relies. In the event the taxpayer desires a conference or hearing before the governing authority in connection with any claim for a refund, the taxpayer shall so specify in writing in the claim. If the claim conforms to the requirements of this Code section, the governing authority shall grant a conference at a time specified by the governing authority. The governing authority shall consider information contained in the taxpayer's claim for a refund and such other information as is available. The governing authority shall approve or disapprove the taxpayer's claim and shall notify the taxpayer of its action. In the event any claim for refund is approved, the governing authority shall proceed under subsection (a) of this Code section to give effect to the terms of that subsection. No refund provided for in this Code section shall be assignable. (c) Any taxpayer whose claim for refund is denied by the governing authority of the county or municipality or whose claim is not denied or approved by the governing authority within one year 180 days from the date of filing the claim shall have the right to bring an action for a refund in the superior court of the county in which the claim arises. No action or proceeding for the recovery of a refund shall be commenced before the expiration of one year 180 days from the date of filing the claim for refund unless the governing authority of the county or municipality renders a decision on the claim within the one year 180 day period. No action or proceeding for the recovery of a refund shall be commenced after the expiration of one year 180 days from the date the claim is denied. The one year 180 day period prescribed in this subsection for filing an action for a refund shall be extended for such period as may be agreed upon in writing

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between the taxpayer and the governing authority of the county or municipality during the one year 180 day period or any extension of the one-year 180 day period."
SECTION 14. Said title is further amended by revising subsection (b) of Code Section 48-6-2, relating to real estate transfer tax exemptions, as follows:
"(b) In order to exercise any exemption provided in this Code section, the total consideration of the transfer shall be shown, and the fair market value of real and personal property conveyed shall be shown on the form prescribed in subsection (c) Code Section 48-6-4."
SECTION 15. Said title is further amended by revising subsections (a), (b), and (c) of Code Section 486-4, relating to real estate transfer tax payment as certain filing prerequisites, as follows:
"(a) It is the intent of the General Assembly that the tax imposed by this article be paid to the clerk of the superior court or his or her deputy, and that the fair market value of real and personal property conveyed shall be shown separately on the form prescribed in subsection (c) of this Code section, prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Code Section 48-6-1. (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid and until the fair market value of real and personal property conveyed has been shown separately on the form prescribed in subsection (c) of this Code section; provided, however, that any such deed, instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid. (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure of the amount of tax and the fair market value shall be made on a form or in electronic format prescribed by the commissioner and provided by the clerk of the superior court. By the fifteenth day of the month following the month the deed, instrument, or other writing is recorded, a physical or electronic copy of each disclosure shall be forwarded or made available electronically to the state auditor and to the tax commissioner and the board of tax assessors in the county where the deed, instrument, or other writing is recorded."
SECTION 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to the ad valorem tax year beginning January 1, 2012, as well as all future ad valorem tax years.

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

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

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

Y Abdul-Salaam 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
Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs
Dollar Y Drenner E 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 E 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 Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby 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
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

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 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 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.

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Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

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

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

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

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

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

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

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

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Y Coleman Collins
Y Cooke Y Coomer Y Cooper Y Crawford

Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield N Heard

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

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

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

On the passage of the Bill, the ayes were 109, nays 51.

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

Due to a mechanical malfunction, the vote of Representative Hill of the 21st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

The following Committee substitute was read:

A BILL TO BE ENTITLED AN ACT

To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the director of the division, the Environmental Advisory Council, appeal procedures generally, permit applications, and inspections, so as to change certain provisions relating to processing of applications for issuance or renewal of permits and variances; 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 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the director of the division, the Environmental

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4999

Advisory Council, appeal procedures generally, permit applications, and inspections, is amended by revising paragraph (1) of subsection (c) as follows:
"(c)(1)(A) The director shall issue all orders and shall grant, deny, revoke, or amend all permits or variances provided for in the laws to be enforced by the division. The director shall also issue any certification which is required by any law of this state or the United States to be issued by the director, the Department of Natural Resources, or the State of Georgia relating to pollution control facilities or matters. The director shall develop and implement procedures for timely processing of applications made to the division for issuance or renewal of permits or variances, including but not limited to procedures for expedited review and granting of applications upon payment of a fee in an amount established by the director to offset the cost of expediting, all subject to compliance with requirements of law regarding such applications. Such procedures shall also provide any applicant who has applied to the division for issuance or renewal of a permit or variance with the ability to securely track the status of his or her application, with real time updates, via the division's Internet website. The director shall notify all permit or variance applicants within ten days of receipt of the application as to the completeness of the application and, if the director finds the same to be incomplete, what specific additional materials the applicant need submit to make the application complete. The director shall notify applicants within ten days of receipt of a completed application as to the name and address of the person assigned to perform the review and the date, time, and location of the application review. The director shall grant or deny any permit or variance within 90 days after receipt of all required application materials by the division, provided that the director may for any application order not more than one extension of time of not more than 60 days within which to grant or deny the permit or variance. (B)(i) The director may identify professionals qualified to review certain permit applications in accordance with rules and regulations adopted by the board of the Department of Natural Resources. (ii) A permit applicant may retain a qualified professional to review an application prior to submittal to the division. If the qualified professional certifies an application as complete, the division shall act expeditiously on the application. (iii) A qualified professional certifying an application shall be independent of any professional preparing the application. (iv) The applicant shall directly pay the fees of the qualified professional. (v) The director may remove the qualified status of a professional if the professional provides a certification for an inaccurate application. (C) When any application for a permit or variance is pending before the director and the director has not either granted or denied the permit or variance within the time specified for the director to do so, the director shall immediately refund any and all fees which were required to be submitted by the applicant as a condition of the permit application, except for fees required to be levied pursuant to federal law.

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Such fee refund shall not otherwise affect the application process, and the application shall be granted, denied, or otherwise handled as it otherwise would have been, except that the fee requirement shall be waived."
SECTION 2. This Act shall become effective on July 1, 2013.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Lindsey of the 54th moved that SB 427 be recommitted to the Committee on Rules.
The motion prevailed.
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.
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 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (a) of Code Section 20-2-

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186, relating to allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, accountants, nurses, and certain other personnel, as follows:
"(a) Funds provided under this article shall include the following for local systems to pay, on a 12 month basis, the beginning salaries of superintendents, assistant superintendents, and principals and the salaries of secretaries, accountants, and nurses, subject to appropriation by the General Assembly:
(1) Each local system shall earn, for any number of full-time equivalent students equal to or under 5,000, funds sufficient to pay the beginning salaries of a superintendent and two assistant superintendents and the salaries of a secretary and an accountant; and (2) For numbers of full-time equivalent students over 5,000 and less than 10,001, funds sufficient to pay the beginning salaries of a superintendent and four assistant superintendents and the salaries of a secretary and an accountant; and (3) For numbers of full-time equivalent students over 10,000, funds sufficient to pay the beginning salaries of a superintendent and eight assistant superintendents and the salaries of a secretary and an accountant; and (4) Each local system shall earn funds for the 2000-2001 school year sufficient to pay the beginning salary of a principal for each school in the local school system with a principal of record for the preceding year. Thereafter, each local school system shall earn funds sufficient to pay the beginning salary of a principal for each school in the local school system that reported a principal on the October certified personnel information report; provided, however, that any school which operates as a combination school, which is defined as any of the elementary grades, kindergarten through grade five, contiguous with one or more of the middle grades, grades six through eight; or as a combination school of any of the middle grades, grades six through eight, contiguous with one or more of the elementary grades or contiguous with one or more of the high school grades, grades nine through 12; or as a combination school of any of the high school grades, contiguous with one or more of the middle grades, shall earn funds sufficient to pay the beginning salary of a principal for each of the elementary, middle, or high school combinations. Beginning with the 2001-2002 school year, funds cannot be earned for more than one principal's salary for schools on the same campus sharing facilities unless the schools operate as a combination school as defined in this paragraph with separate facility codes issued by the Department of Education. A local school system shall earn funds in the midterm adjustment sufficient to pay the beginning salary of a principal for a new school, if not otherwise earning the funds, when the school has reported full-time equivalent program counts in the October count, has an approved new school facility code issued by the department, and has reported a principal on the October certified personnel information report under the new facility code. It is further provided that funds for the salary of a principal shall not be earned under this paragraph for an evening school or alternative school; and (5) Each local system shall earn funds sufficient to pay for nursing services funding for one nurse for every 750 full-time equivalent students at the elementary school

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level and one nurse for every 1,500 full-time equivalent students at the middle and high school levels. Such funding shall have a ratio of one registered professional nurse to five licensed practical nurses. Such funding shall be based on a contract length of 180 days and shall be sufficient to pay 50 percent of the average salary and benefits, as determined by the Department of Education, for a registered professional nurse or for a licensed practical nurse; provided, however, that such amount shall be phased in so that, in Fiscal Year 2013, such amount shall be 40 percent and, in Fiscal Year 2014, such amount shall be 45 percent. Local school systems shall not be required to provide any local matching funds for school nurses to receive funds pursuant to this paragraph. Local school systems that do not meet the minimum fulltime equivalent student counts set out in this paragraph shall receive a base amount of funding. Each local school system shall expend 100 percent of the funds earned pursuant to this paragraph for salaries and benefits for school nurses."
SECTION 2. Said chapter is further amended in Part 5 of Article 5, relating to program weights and funding requirements, by adding a new Code section to read as follows:
"20-2-190. Subject to appropriations by the General Assembly, the State Board of Education shall provide grants to local school systems for the purpose of purchasing supplies for school health nurse programs, as required pursuant to Code Section 20-2-771.2. The grant funds shall be distributed to local school systems on a full-time equivalent basis. The state board shall establish regulations as to the manner in which such grant funds may be used."
SECTION 3. Said chapter is further amended by revising Code Section 20-2-771.2, relating to school health nurse programs, as follows:
"20-2-771.2. (a) Each local board of education shall establish policies and procedures regarding a school health nurse program. Such school health nurse programs shall be staffed by licensed health care professionals. Each local board of education may contract or consult with health professionals knowledgeable in children's health issues to establish the standards, policies, and procedures of a school health nurse program. Such standards, policies, and procedures shall be in accordance with the restrictions set forth in Code Section 20-2-773. (b) Subject to appropriations, there may be established within the Department of Education a school health nurse program coordinator, whose responsibilities may include:
(1) Assisting local school systems in establishing and implementing the school health nurse programs required by subsection (a) of this Code section, including development of guidelines for utilizing volunteers and retirees to supplement the programs;

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(2) Assisting in standardizing the reporting of any health information from local school systems; (3) Assisting local school systems in identifying and obtaining available additional funding and support for school health nurse programs from federal and other sources, including, but not limited to, Medicaid funds and partnerships with local hospitals or other health care facilities; and (4) Other related duties to support school health nurse programs. "

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

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

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

Y Abdul-Salaam Y Abrams 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 Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs
Dollar Y Drenner E 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 E Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett

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

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y 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 E Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders

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

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Y Cooper Y Crawford

N Hatfield Y Heard

Y Martin Y Maxwell

E Scott, M Y Scott, S

Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 12.

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

Representative Willard of the 49th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 380. By Senators Carter of the 1st, Bethel of the 54th and Ligon, Jr. of the 3rd:

A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacist and pharmacies, so as to provide for a change to the definition of security paper; to provide for certain revisions to the powers, duties, and authority of the state board of pharmacy; to authorize the Georgia Drugs and Narcotics Agency to accept certain funds; to provide for a definition of valid prescription orders; to remove certain requirements for vendors and seals of approval; 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 26 of the Official Code of Georgia Annotated, relating to pharmacist and pharmacies, so as to provide for a change to the definition of security paper; to provide for certain revisions to the powers, duties, and authority of the state board of pharmacy; to authorize the Georgia Drugs and Narcotics Agency to accept certain funds; to provide for a definition of valid prescription orders; to remove certain requirements for vendors and seals of approval; to amend Code Section 16-13-59, relating to information to include for each Schedule II, III, IV, or V controlled substance prescription and compliance, so as to provide a definition relating to dispensers located outside this state that deliver dangerous drugs into this state; 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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5005

SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising paragraph (38.5) of Code Section 26-4-5, relating to the definition of security paper, 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 chapter is further amended by adding a new paragraph to subsection (a) of Code Section 26-4-28, relating to the power, duty, and authority of the Georgia State Board of Pharmacy over the licensure and regulation of pharmacies and pharmacy interns, to read as follows:
"(6.1)(A) The registration of any pharmacy or facility, other than one owned by or operated by an entity licensed or registered under Title 33, which is located outside this state which ships, mails, or delivers, in any manner, a dispensed dangerous drug or controlled substance, or medical device medicinal into this state by issuing a nonresident pharmacy or a nonresident device distributor permit. The board may only deny a registration for good cause related to substantial evidence of misfeasance or malfeasance by an applicant. A firms registered with the board and which has been issued a nonresident pharmacy or nonresident device distributor permit shall provide pharmacy and medical device services to the residents of this state in a manner which does not endanger life and protects the health, safety, and welfare of these residents and shall disclose to the board the following specific information:
(i) That it maintains at all times and provides proof of a valid unexpired license, permit, or registration to operate a pharmacy and a device distributor in compliance with the laws and rules of the state in which the facility is located where it receives prescription drug orders or medical device orders and from which it dispenses dangerous drugs and controlled substances or medical devices;

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(ii) The location, names, and titles of all principal corporate officers and the pharmacist who serves as the pharmacist in charge for dispensing all drugs or the person responsible for dispensing medical devices to residents of this state. This disclosure shall be made within ten days after any change of such corporate officer or pharmacist serving as the pharmacist in charge for dispensing all drugs or the person responsible for dispensing medical devices to residents of this state; (iii) When it changes the location of its registered location, it must file a change of location application with the board and submit a copy of its new state and United States Drug Enforcement Administration registration for the new location; (iv) That it complies with all lawful directions and requests for information from the regulatory or licensing agency of all states in which it is licensed as well as with all requests for information made by the board pursuant to this Code section. It shall respond directly within ten days to all communications from the board concerning emergency circumstances arising from errors in the dispensing of all drugs or medical devices to the residents of this state; (v) That each pharmacy or medical device distributor location notifies the board in writing of the location at which it maintains its records for all prescription drug or medical device orders dispensed to patients in this state so that the records are readily retrievable from the other business records of the pharmacy; and (vi) That during its regular hours of operation but not less than six days per week, for a minimum of 60 hours per week, a toll-free telephone service shall be provided to facilitate communication between patients in this state and a pharmacist at the pharmacy or person at the medical device distributor who has access to the patient's records. This toll-free number must be disclosed on the label affixed to each container of all dispensed drugs. (B) Applications for a nonresident pharmacy or medical device distributor permit under this Code section shall be made on a written or electronic form made available by the board. The board may require such information as the board deems reasonably necessary to carry out a background investigation to ensure the purposes of this Code section will be met by the applicant. (C) The registration fee and the biennial renewal fee for a permit shall be set by board rule. (D) The board may deny, revoke, or suspend registration of, or fine or reprimand, a nonresident pharmacy or medical device distributor for failure to comply with rules of the board or with any requirement of this Code section in accordance with the provisions of this chapter. (E) In addition to the prohibitions of subparagraph (D) of this Code section, the board may deny, revoke, sanction, or suspend the registration of, or fine or reprimand, a nonresident pharmacy or medical device distributor in accordance with the provisions of this chapter for conduct which causes serious bodily injury or serious psychological injury to a resident of this state if the board has referred the matter to the regulatory or licensing agency in the state in which the pharmacy

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medical device distributor is located and the regulatory or licensing agency fails to investigate the matter within 180 days of the referral. (F) After the effective date set by the board for all nonresident pharmacies and medical device distributors to hold a registration in this state, it shall be unlawful for any nonresident pharmacy or medical device distributor which is not registered pursuant to this Code section to advertise its services in this state, or for any person who is a resident of this state to advertise the services of a nonresident pharmacy or medical device distributor which has not registered with the board, with the knowledge that the advertisement will or is likely to induce members of the public in this state to use the pharmacy or medical device distributor to fill prescriptions. (G) Notwithstanding the rules of the board, for purposes of this Code section, the nonresident pharmacy and the pharmacist designated as the pharmacist in charge of the nonresident pharmacy or the equivalent must be licensed in his or her state of location in order for a nonresident pharmacy to dispense into this state. (H) Such registration shall only be enabled when legislation amends Code Section 26-4-60 enabling a person or pharmacy regulated by the board to regularly employ the mails or other common carriers to sell, distribute, or deliver a drug which requires a prescription drug order directly to a patient. (I) Nothing in this paragraph shall be construed to limit or prohibit interstate commerce, including but not limited to the practice of pharmacy by mail."
SECTION 3. Said chapter is further amended by adding a new subsection to Code Section 26-4-29, relating to the Georgia Drugs and Narcotics Agency continuance, appointment, requirements, duties of director, power to make arrests, report of violations of drug laws, and dangerous drug list, to read as follows:
"(f) The Georgia Drugs and Narcotics Agency is authorized to accept donations, contributions, grants, or bequests of funds or property, including funds or property from the disposition of forfeited property for purposes of operating the prescription drug monitoring program established pursuant to Part 2 of Article 2 of Chapter 13 of Title 16, and the agency shall submit an annual report to the appropriate chairperson of the Appropriations Committees of the House of Representatives and Senate regarding the use of funds and property received pursuant to this subsection."
SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 26-4-80, dispensing of valid prescription drug orders, as follows:
"(b) Prescription drugs shall be dispensed only pursuant to a valid prescription drug order. A pharmacist shall not dispense a prescription which the pharmacist knows or should know is not a valid prescription. As used in this subsection, the term 'valid prescription drug order' means a prescription drug order issued by a physician, dentist, podiatrist, veterinarian, or other person licensed, registered, or otherwise authorized

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under the laws of this state, or any other state or territory of the United States, to prescribe dangerous drugs and controlled substances."
SECTION 5. Said chapter is further amended by revising Code Section 26-4-80.1, relating to use of security paper for hard copy prescription drug orders, as follows:
"26-4-80.1. (a) Effective October 1, 2011, every hard copy prescription drug order for any Schedule II controlled substance written in this state by a practitioner must be written on security paper. (b) A pharmacist shall not fill a hard copy prescription drug order for any Schedule II controlled substance from a practitioner unless it is written on security paper, except that a pharmacist may provide emergency supplies in accordance with the board and other insurance contract requirements. (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. (d) Practitioners shall employ reasonable safeguards to assure against theft or unauthorized use of security paper and shall promptly report to appropriate authorities any theft or unauthorized use. (e) All vendors shall have their security paper approved by the board prior to marketing or sale in this state. (f)(e) 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. (g)(f) The board may adopt rules necessary for the administration of this Code section. (h)(g) The security paper requirements in this Code section shall not apply to:
(1) Prescriptions that are transmitted to the pharmacy by telephone, facsimile, or electronic means; or (2) Prescriptions written for inpatients of a hospital, outpatients of a hospital, residents of a nursing home, inpatients or residents of a mental health facility, or individuals incarcerated in a local, state, or federal correctional facility when the health care practitioner authorized to write prescriptions writes the order into the patient's medical or clinical record, the order is given directly to the pharmacy, and the patient never has the opportunity to handle the written order."

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SECTION 6. Code Section 16-13-59 of the Official Code of Georgia Annotated, relating to information to include for each Schedule II, III, IV, or V controlled substance prescription and compliance, is amended by adding a new subsection to read as follows:
"(g) For purposes of this Code section, the term 'dispenser' shall also include any pharmacy or facility which is located outside this state and which ships, mails, or delivers, in any manner, a dispensed dangerous drug or controlled substance into this state."

SECTION 7. This Act shall become effective on July 1, 2012.

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 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 N 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 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 Y Evans Y Floyd Y Fludd Y Frazier
Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner

E Heckstall Y Hembree N 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 E James Y Jasperse
Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey

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 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

Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K
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 N Teasley Y Thomas Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard

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

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

Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin N Martin
Maxwell

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

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 149, nays 14.

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

Representative Willard of the 49th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 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.

The following Committee substitute was read and adopted:

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees Retirement System, is amended by revising subsection (a) of Code Section 47-4-60, relating to amount of contributions and manner of payment, as follows:
"(a) Each member shall contribute $4.00 monthly as the employee contribution toward the cost of the retirement system; provided, however, that any person first or again

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becoming a member of this retirement system on or after July 1, 2012, shall contribute $10.00 monthly as the employee contribution. Each local unit of administration shall deduct such amount each month from the compensation of each of its employees who is a member of the retirement system and pay the amounts so deducted to the board. The board shall specify by rules and regulations the time and manner such amounts shall be paid to it."
SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 47-4-101, relating to retirement benefits payable upon normal, early, or delayed retirement, as follows:
"(b)(1) Upon retirement on the normal retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on the effective date of retirement and which shall be payable on the first day of each month thereafter during the member's lifetime. The amount of each monthly retirement payment shall be $15.00 $16.50 multiplied by the number of the member's years of creditable service. The retirement benefit provided under this subsection shall be payable to those members who have already retired under this chapter as well as those members who retire in the future; provided, however, that no benefit increase above $15.00 per month shall be applied to the benefit of persons who were retired on the effective date of this Act. If the General Assembly at any time appropriates funds expressly intended to fund the benefits provided in this subsection and such amount so appropriated is not sufficient to fund the maximum amount allowable, then the retirement benefit otherwise payable under this subsection shall be reduced pro rata by the board in accordance with the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $12.00 $14.75 multiplied by the member's years of creditable service."
SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

Y Abdul-Salaam 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
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 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

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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby 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 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 Y Sims, C Y 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 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 168, nays 0.

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

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.

TUESDAY, MARCH 27, 2012

5013

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

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

Y Abdul-Salaam Abrams
Y Allison Y Amerson Y Anderson Y Ashe Y 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 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 Y Evans Y 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 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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby 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 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
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
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 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 166, nays 0.

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

Representatives Geisinger of the 48th and Reece of the 11th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

5014

JOURNAL OF THE HOUSE

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

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 742

The Committee of Conference on HB 742 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 742 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District
/s/ GGG Senator, 7th District

/s/ Terry England Representative, 108th District
/s/ Larry O'Neal Representative, 146th District

/s/ Tim Golden Senator, 8th District

/s/ Jan Jones Representative, 46th District

CONFERENCE COMMITTEE SUBSTITUTE
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 and its departments, boards, bureaus, commissions, institutions, and other agencies, for the university system, common schools, counties, municipalities, and political subdivisions, 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.

TUESDAY, MARCH 27, 2012

5015

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, as prescribed hereinafter for such fiscal year:

Total Funds Federal Funds and Grants
CCDF Mandatory and Matching Funds Child Care and Development Block Grant Community Mental Health Services Block Grant Community Service Block Grant Federal Highway Administration Highway Planning and Construction Foster Care Title IV-E Low-Income Home Energy Assistance Maternal and Child Health Services Block Grant Medical Assistance Program Prevention and Treatment of Substance Abuse Block Grant Preventive Health and Health Services Block Grant Social Services Block Grant State Children's Insurance Program TANF Block Grant - Unobligated Balance Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Federal Recovery Funds ARRA - State Grants to Promote Health Information Technology Electricity Delivery and Energy Reliability, Research, Development and Analysis Medical Assistance Program (ARRA) 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 Records Center Storage Fee Research Funds State Funds

$39,485,808,984 $11,205,612,353
$2,508,661 $224,062,050 $14,141,291 $17,282,159 $1,143,641,430 $77,146,122 $24,827,737
$20,031,465 $5,509,993,434
$51,480,893 $2,226,545 $88,926,795 $273,383,425 $9,551,600 $346,977,739 $3,399,431,007 $81,072,500 $8,525,193
$241,475
$13,704,454 $58,601,378 $5,304,283,377 $2,839,158,084 $139,386,524 $298,299,605 $17,694,497
$435,771 $2,009,308,896 $19,342,059,819

5016

JOURNAL OF THE HOUSE

Brain and Spinal Injury Trust Fund Hospital Provider Payment Lottery Funds Motor Fuel Funds Nursing Home Provider Fees State General Funds Tobacco Settlement Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments Retirement Payments Self Insurance Trust Fund Payments

$2,396,580 $235,302,027 $904,439,791 $969,649,334 $157,444,961 $16,927,186,361 $145,640,765 $3,552,780,935 $3,008,837,150 $289,357,262
$46,099,647 $46,751,671 $161,735,205

Section 1: Georgia Senate Total Funds State Funds State General Funds

$10,374,470 $10,374,470 $10,374,470

1.1. Lieutenant Governor's Office

Total Funds

$1,212,241

State Funds

$1,212,241

State General Funds

$1,212,241

The 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 29.781%.

$16,827

$16,827

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$32,290

$32,290

Reflect an adjustment in the workers' compensation premium.

($75)

($75)

Reflect an adjustment in unemployment insurance premiums.

($1,652)

($1,652)

Increase funds for general liability premiums.

$302

$302

Reduce funds for operations.

($22,729)

($22,729)

Amount appropriated in this Act

$1,212,241 $1,212,241

1.2. Secretary of the Senate's Office

TUESDAY, MARCH 27, 2012

5017

Total Funds

$1,114,623

State Funds

$1,114,623

State General Funds

$1,114,623

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,080,389 $1,080,389

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$12,090

$12,090

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$23,200

$23,200

Reflect an adjustment in the workers' compensation premium.

($55)

($55)

Reflect an adjustment in unemployment insurance premiums.

($1,202)

($1,202)

Increase funds for general liability premiums.

$201

$201

Amount appropriated in this Act

$1,114,623 $1,114,623

1.3. Senate

Total Funds

$7,048,447

State Funds

$7,048,447

State General Funds

$7,048,447

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)

$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 29.781%.

$78,765

$78,765

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$44,901

$44,901

Reflect an adjustment in the workers' compensation premium.

($370)

($370)

Reflect an adjustment in unemployment insurance premiums.

($8,112)

($8,112)

Increase funds for general liability premiums.

$2,768

$2,768

Transfer funds from the Senate program to the Senate Budget and Evaluation Office program.

($35,000)

($35,000)

Reduce funds for operations.

($108,118) ($108,118)

Amount appropriated in this Act

$7,048,447 $7,048,447

1.4. Senate Budget and Evaluation Office Purpose: The purpose of this appropriation is to provide budget development and evaluation

5018

JOURNAL OF THE HOUSE

expertise to the State Senate.

Total Funds

$999,159

State Funds

$999,159

State General Funds

$999,159

The 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 29.781%.

$13,838

$13,838

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$26,554

$26,554

Reflect an adjustment in the workers' compensation premium.

($69)

($69)

Reflect an adjustment in unemployment insurance premiums.

($1,502)

($1,502)

Increase funds for general liability premiums.

$252

$252

Transfer funds from the Senate program to the Senate Budget and Evaluation Office program.

$35,000

$35,000

Amount appropriated in this Act

$999,159

$999,159

Section 2: Georgia House of Representatives Total Funds State Funds State General Funds

$18,631,809 $18,631,809 $18,631,809

2.1. House of Representatives

Total Funds

$18,631,809

State Funds

$18,631,809

State General Funds

$18,631,809

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 29.781%.
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

State Funds $18,540,176
$194,089
$170,807

Total Funds $18,540,176
$194,089
$170,807

TUESDAY, MARCH 27, 2012

5019

Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for operating expenses. Amount appropriated in this Act

($651)
($14,271) $6,920
($265,261) $18,631,809

($651)
($14,271) $6,920
($265,261) $18,631,809

Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds

$10,036,991 $10,036,991 $10,036,991

3.1. Ancillary Activities

Purpose: The purpose of this appropriation is to provide services for the legislative branch of government.

Total Funds

$4,807,892

State Funds

$4,807,892

State General Funds

$4,807,892

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)

$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 29.781%.

$27,126

$27,126

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$36,685

$36,685

Reflect an adjustment in telecommunications expenses.

$7,056

$7,056

Reflect an adjustment in the workers' compensation premium.

($123)

($123)

Reflect an adjustment in unemployment insurance premiums.

($2,704)

($2,704)

Increase funds for general liability premiums.

$453

$453

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($15,104)

($15,104)

Reduce funds for operating expenses.

($148,698) ($148,698)

Amount appropriated in this Act

$4,807,892 $4,807,892

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

5020

JOURNAL OF THE HOUSE

commitments.

Total Funds

$2,290,157

State Funds

$2,290,157

State General Funds

$2,290,157

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$18,313

$18,313

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$24,766

$24,766

Reflect an adjustment in the workers' compensation premium.

($89)

($89)

Reflect an adjustment in unemployment insurance premiums.

($1,953)

($1,953)

Increase funds for general liability premiums.

$327

$327

Increase funds to reflect an adjustment in PeopleSoft billings.

$4,668

$4,668

Amount appropriated in this Act

$2,290,157 $2,290,157

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

$2,938,942

State Funds

$2,938,942

State General Funds

$2,938,942

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 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Amount appropriated in this Act

State Funds $2,846,707
$40,724
$55,073
($185)
($4,056) $679
$2,938,942

Total Funds $2,846,707
$40,724
$55,073
($185)
($4,056) $679
$2,938,942

TUESDAY, MARCH 27, 2012

5021

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

$30,788,933 $105,910 $105,910
$30,450,223 $30,450,223
$232,800 $232,800

4.1. Audit and Assurance Services

Purpose: The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government.

Total Funds

$26,821,520

Other Funds

$105,910

Other Funds - Not Specifically Identified

$105,910

State Funds

$26,482,810

State General Funds

$26,482,810

Intra-State Government Transfers

$232,800

Other Intra-State Government Payments

$232,800

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)

$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 29.781%.

$368,884

$368,884

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$529,757

$529,757

Reflect an adjustment in telecommunications expenses.

($29,757)

($29,757)

Reflect an adjustment in the workers' compensation premium.

($16,791)

($16,791)

Reflect an adjustment in unemployment insurance premiums.

$18,300

$18,300

Increase funds for general liability premiums.

$21,681

$21,681

5022

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce other funds. Amount appropriated in this Act

$2,599 ($17,472)
$0 $26,482,810

$2,599 ($17,472)
($781,480) $26,821,520

4.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all Department programs.

Total Funds

$1,639,202

State Funds

$1,639,202

State General Funds

$1,639,202

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)

$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 29.781%.

$20,910

$20,910

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$30,246

$30,246

Reflect an adjustment in the workers' compensation premium.

$755

$755

Reflect an adjustment in unemployment insurance premiums.

$822

$822

Increase funds to reflect an adjustment in PeopleSoft billings.

$116

$116

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($704)

($704)

Amount appropriated in this Act

$1,639,202 $1,639,202

4.3. Immigration Enforcement Review Board

Purpose: The purpose of this appropriation is to reimburse members of the Immigration Enforcement Review Board for expenses incurred in connection with the investigation and review of complaints alleging failure of public agencies or employees to properly adhere to federal and state laws related to the federal work authorization program E-Verify.

Total Funds

$20,000

State Funds

$20,000

State General Funds

$20,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0

$0

TUESDAY, MARCH 27, 2012

5023

Provide operating funds for the Immigration Enforcement Review Board.
Amount appropriated in this Act

$20,000 $20,000

$20,000 $20,000

4.4. Legislative Services

Purpose: The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures.

Total Funds

$247,561

State Funds

$247,561

State General Funds

$247,561

The 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 29.781%.

$1,973

$1,973

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$2,830

$2,830

Reflect an adjustment in the workers' compensation premium.

$0

$0

Reflect an adjustment in unemployment insurance premiums.

$0

$0

Amount appropriated in this Act

$247,561

$247,561

4.5. 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

$2,060,650

State Funds

$2,060,650

State General Funds

$2,060,650

The 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

5024

JOURNAL OF THE HOUSE

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums.
Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Amount appropriated in this Act

$29,199
$40,926
($1,320)
$1,439 $204
($1,280)
$2,060,650

$29,199
$40,926
($1,320)
$1,439 $204
($1,280)
$2,060,650

Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$14,256,000 $150,000 $150,000
$14,106,000 $14,106,000

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

$14,256,000

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$14,106,000

State General Funds

$14,106,000

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)

$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 29.781%.

$233,423

$233,423

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$340,018

$340,018

Reflect an adjustment in telecommunications expenses.

$1,258

$1,258

Reflect an adjustment in the workers' compensation premium.

($4,659)

($4,659)

TUESDAY, MARCH 27, 2012

5025

Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Fund one vacant staff attorney position. Eliminate one-time funds for the appellate e-filing initiative. Increase funds for replacement of six-year-old computers. Increase funds to purchase ongoing hardware and software maintenance for the e-filing initiative. Increase one-time funds to purchase software to automate receipt of trial court records, to support the e-filing initiative. Convert to the PeopleSoft statewide accounting system, effective January 1, 2013. (CC:YES) Amount appropriated in this Act

$7,845 $5,592 ($6,142)
$161,925 ($102,750)
$34,000 $12,000
$66,000
$0
$14,106,000

$7,845 $5,592 ($6,142)
$161,925 ($102,750)
$34,000 $12,000
$66,000
$0
$14,256,000

Section 6: Judicial Council Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$16,121,794 $2,552,935 $2,552,935 $1,144,998
$876,093 $268,905 $12,423,861 $12,423,861

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, and mental health courts, as well as the Judicial Council Accountability Court Committee. 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

$431,821

State Funds

$431,821

State General Funds

$431,821

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$1,944

$1,944

5026

JOURNAL OF THE HOUSE

Transfer funding for accountability court grants to the Criminal Justice Coordinating Council to support new and existing statewide accountability courts.
Provide funding for a program director and two project management staff dedicated to the implementation of the statewide Accountability Courts program.
Provide operating funds and partial annual conference costs to support the statewide Accountability Courts program.
Amount appropriated in this Act

($2,263,559) ($2,263,559)

$251,285

$251,285

$178,592 $431,821

$178,592 $431,821

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

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 Judicial Council Accountability Court Committee; 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, and the Children and Family Courts division; and to support the Committee on Justice for Children.

Total Funds

$13,039,876

TUESDAY, MARCH 27, 2012

5027

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

$10,218,036

State General Funds

$10,218,036

The 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 29.781%.

$77,328

$77,328

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$428,916

$428,916

Reflect an adjustment in telecommunications expenses.

($94,576)

($94,576)

Reflect an adjustment in the workers' compensation premium.

$2,415

$2,415

Reflect an adjustment in unemployment insurance premiums.

($74,527)

($74,527)

Increase funds for general liability premiums.

$8,145

$8,145

Increase funds to reflect an adjustment in PeopleSoft billings.

$6,086

$6,086

Increase funding to provide for two contract interpreters for the remote interpreter pilot program.

$45,760

$45,760

Provide funding for the Family Law Information Center pilot project.

$50,000

$50,000

Amount appropriated in this Act

$10,218,036 $13,039,876

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

$512,215

State Funds

$512,215

State General Funds

$512,215

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)

$409,240

$409,240

5028

JOURNAL OF THE HOUSE

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.
Increase funding to provide for an investigative staff attorney due to the increased number of complaints processed.
Amount appropriated in this Act

$2,975 $100,000 $512,215

$2,975 $100,000 $512,215

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

$800,000

State Funds

$800,000

State General Funds

$800,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$565,500

$565,500

Increase funds to offset the elimination of funding from the Georgia Bar Foundation.

$234,500

$234,500

Amount appropriated in this Act

$800,000

$800,000

Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$7,221,917 $447,456 $447,456
$6,774,461 $6,774,461

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

$1,917,522

Federal Funds and Grants

$447,456

Federal Funds Not Specifically Identified

$447,456

State Funds

$1,470,066

State General Funds

$1,470,066

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 27, 2012

5029

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 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act

State Funds $1,413,955
$27,851
$28,036
$224 $1,470,066

Total Funds $1,861,411
$27,851
$28,036
$224 $1,917,522

7.2. Grants to Counties for Juvenile Court Judges

Purpose: The purpose of this appropriation is to provide state funds to circuits to pay 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

$61,876,838 $1,802,127 $1,802,127 $60,074,711 $60,074,711

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

$54,684,092

Other Funds

$1,802,127

Other Funds - Not Specifically Identified

$1,802,127

State Funds

$52,881,965

5030

JOURNAL OF THE HOUSE

State General Funds

$52,881,965

The 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 29.781%.

$803,677

$803,677

Increase funds for deferred promotions approved in FY 2009 and withheld due to budget shortfall. (CC:YES)

$271,150

$271,150

Increase funds for six additional Assistant District Attorneys associated with the creation of new judgeships for the BellForsyth, Piedmont, Middle, Oconee, Western and Clayton Circuits. (CC:Provide for two additional Assistant District Attorney positions in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013.)

$104,522

$104,522

Amount appropriated in this Act

$52,881,965 $54,684,092

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

$7,005,291

State Funds

$7,005,291

State General Funds

$7,005,291

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,444,632 $5,444,632

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$42,299

$42,299

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,131,097

$1,131,097

Reflect an adjustment in telecommunications expenses.

($1,740)

($1,740)

Reflect an adjustment in the workers' compensation premium.

$75,634

$75,634

Reflect an adjustment in unemployment insurance premiums.

$44,328

$44,328

Increase funds for general liability premiums.

$191,474

$191,474

Increase funds to reflect an adjustment in PeopleSoft billings.

$4,729

$4,729

Increase funds to restore rent reductions taken in FY 2012.

$72,838

$72,838

Amount appropriated in this Act

$7,005,291 $7,005,291

TUESDAY, MARCH 27, 2012

5031

Section 9: Superior Courts Total Funds State Funds State General Funds

$61,105,042 $61,105,042 $61,105,042

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.

Total Funds

$1,291,377

State Funds

$1,291,377

State General Funds

$1,291,377

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)

$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 29.781%.

$16,817

$16,817

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$22,743

$22,743

Reflect an adjustment in telecommunications expenses.

$2,299

$2,299

Reflect an adjustment in the workers' compensation premium.

$0

$0

Reflect an adjustment in unemployment insurance premiums.

$0

$0

Increase funds for general liability premiums.

$0

$0

Increase funds to reflect an adjustment in PeopleSoft billings.

$0

$0

Provide additional funding for temporary labor to replace eliminated positions.

$46,800

$46,800

Increase funding for two positions to provide in-house continuing judicial education training for Superior Court judges. (CC:Continue to utilize the Institute for Continuing Judicial Education.)

$0

$0

Amount appropriated in this Act

$1,291,377 $1,291,377

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

$2,336,893

State Funds

$2,336,893

5032

JOURNAL OF THE HOUSE

State General Funds

$2,336,893

The 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 29.781%.

$31,277

$31,277

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$42,297

$42,297

Restore FY 2012 personal services reductions.

$18,051

$18,051

Restore a portion of operating funds reduced from FY 2009 through FY 2012 as a result of budget reductions.

$66,239

$66,239

Amount appropriated in this Act

$2,336,893 $2,336,893

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

$57,476,772

State Funds

$57,476,772

State General Funds

$57,476,772

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$762,924

$762,924

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$244,996

$244,996

Reflect an adjustment in the workers' compensation premium.

($28,348)

($28,348)

Reflect an adjustment in unemployment insurance premiums.

($10,539)

($10,539)

Increase funds for general liability premiums.

$167,674

$167,674

Increase funds to reflect an adjustment in PeopleSoft billings.

$4,962

$4,962

Restore FY 2012 personal services reductions.

$168,558

$168,558

Increase funds to fill frozen non-statutory law clerk positions

$0

$0

and two additional law clerks. (CC:Utilize existing funds to

unfreeze the non-statutory Law Clerk positions to include

Habeas Corpus clerk in Atlantic Circuit.)

TUESDAY, MARCH 27, 2012

5033

Restore FY 2012 base budget reductions to travel associated with continuing judicial education.
Increase funding for operations associated with in-house continuing judicial education for Superior Court judges. (CC:Continue to utilize the Institute for Continuing Judicial Education.)
Provide funding for two Superior Court judgeships in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013. (CC:Provide funding for two Superior Court judgeships in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013.)
Reduce HB 78 (2011 Session) funding for Senior Judges in circuits with Accountability Courts. (CC:Utilize funds for Senior Judges for Accountability Courts.)
Provide additional funding for Senior Judges.
Amount appropriated in this Act

$128,073 $0

$128,073 $0

$350,207

$350,207

$200,000

$200,000

$100,000

$100,000

$57,476,772 $57,476,772

Section 10: Supreme Court Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$10,953,120 $1,859,823 $1,859,823 $9,093,297 $9,093,297

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

$10,953,120

Other Funds

$1,859,823

Other Funds - Not Specifically Identified

$1,859,823

State Funds

$9,093,297

State General Funds

$9,093,297

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5034

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 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Increase funds to allow for salary parity between Supreme Court and Court of Appeals staff attorneys. Increase funds to establish a dedicated capital case docket clerk to ensure timely and accurate case processing. Amount appropriated in this Act

State Funds $8,625,575
$124,049
$191,238
$3,467 ($1,801)
$4,168 $2,126 $1,007 ($2,479)
$66,520
$79,427
$9,093,297

Total Funds $10,485,398
$124,049
$191,238
$3,467 ($1,801)
$4,168 $2,126 $1,007 ($2,479)
$66,520
$79,427
$10,953,120

Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$16,691,889 $3,781,064 $3,781,064 $12,910,825 $12,910,825

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

$16,691,889

State Funds

$3,781,064

State General Funds

$3,781,064

Intra-State Government Transfers

$12,910,825

Other Intra-State Government Payments

$12,910,825

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 27, 2012

5035

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 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Eliminate contract with the Carl Vinson Institute of Government for training. (CC:Reduce funds.) Increase billings for PeopleSoft to reflect statewide adjustments.
Amount appropriated in this Act

State Funds $3,689,254
$48,694
$65,160
$392
$23,175 $4,859 ($470)
($50,000)
$0
$3,781,064

Total Funds $15,882,153
$48,694
$65,160
$392
$23,175 $4,859 ($470)
($50,000)
$717,926
$16,691,889

Section 12: Administrative Services, Department of Total Funds Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Self Insurance Trust Fund Payments

$197,902,896 $31,319,419 $15,066,467 $16,252,952 $4,848,272
$4,848,272 $161,735,205 $161,735,205

The Department is authorized to assess no more than $73.00 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.

12.1. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all department programs.

Total Funds

$5,379,732

Other Funds

$5,379,732

Other Funds - Not Specifically Identified

$5,379,732

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5036

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 29.781%.
Transfer 14 positions and $1,152,435 of other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support.
Amount appropriated in this Act

State Funds $0 $0 $0
$0

Total Funds $4,050,370
$176,927 $1,152,435
$5,379,732

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. Human Resources Administration

Purpose: The purpose of this appropriation is to provide centralized services for statewide human resources in support of state agencies, the State Personnel Board, and employees; develop human resource policies, create job descriptions and classification, develop fair and consistent compensation practices, and administer the employee benefits program.

Total Funds

$8,654,485

Other Funds

$8,654,485

Other Funds - Not Specifically Identified

$8,654,485

The 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

Transfer 28 positions and $8,654,485 of other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support.

$0 $8,654,485

Amount appropriated in this Act

$0 $8,654,485

12.4. 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 Atlanta.

TUESDAY, MARCH 27, 2012

5037

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 $1,079,669

Reduce other funds ($1,079,669) and eliminate 13 vacant positions and nine motor vehicles.

$0 ($1,079,669)

Amount appropriated in this Act

$0

$0

12.5. 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

$161,735,205

Intra-State Government Transfers

$161,735,205

Self Insurance Trust Fund Payments

$161,735,205

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 additional billings of $2,500,000 for unemployment insurance expenses.

$0 $2,500,000

Increase funds to reflect the DOAS General Liability Trust Fund premiums (Total Funds: $26,000,000). (CC:YES)

$0

$0

Amount appropriated in this Act

$0 $161,735,205

12.6. 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

5038

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)

$0 $10,000,000

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$0

$319,374

Amount appropriated in this Act

$0 $10,319,374

12.7. 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.

12.8. 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

$40,728

State Funds

$40,728

State General Funds

$40,728

The 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

Reduce funds for operating expenses.

($831)

($831)

Amount appropriated in this Act

$40,728

$40,728

12.9. Compensation per General Assembly Resolutions

Purpose: The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon passage of the required House Resolutions.

Total Funds

$337,355

State Funds

$337,355

State General Funds

$337,355

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 27, 2012

5039

Amount from prior Appropriation Act (HB78)
Increase funds pursuant to HR 1160 (2012 Session) to purchase a 20-year annuity, inclusive of an initial $100,000 lump sum payment, for an individual who was wrongfully imprisoned.
Increase funds pursuant to HR 1161 (2012 Session) to compensate an individual who was injured.
Amount appropriated in this Act

State Funds $0
$329,855

Total Funds $0
$329,855

$7,500 $337,355

$7,500 $337,355

12.10. 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, and to create and provide necessary funding for an independent trial court with concurrent jurisdiction with the Superior Courts of Georgia which will address tax disputes involving the Department of Revenue.

Total Funds

$4,230,743

Other Funds

$1,300,805

Agency Funds

$1,300,805

State Funds

$2,929,938

State General Funds

$2,929,938

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,562,711 $3,863,516

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$31,066

$31,066

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$52,292

$52,292

Reflect an adjustment in the workers' compensation premium.

$18,207

$18,207

Reflect an adjustment in unemployment insurance premiums.

$5,233

$5,233

Increase funds for general liability premiums.

$1,486

$1,486

Reduce funds for temporary employees.

($51,254)

($51,254)

Replace state funds with other funds for operating expenses.

($16,087)

($16,087)

Provide salaries and operating funds for the Georgia Tax Court, HB 100 (2012 Session).

$326,284

$326,284

Amount appropriated in this Act

$2,929,938 $4,230,743

5040

JOURNAL OF THE HOUSE

12.11. 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; and 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

12.12. 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

$1,540,251

State Funds

$1,540,251

State General Funds

$1,540,251

The 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

Eliminate 18 filled and three vacant positions, and operating expenses, and use funds for aviation charter contracts (Total Funds: $1,400,000). (G:YES) (CC:YES)

$0

$0

Reflect an Executive Order, to transfer nine months funding and six positions from the Georgia Aviation Authority to the Department of Public Safety.

($958,755) ($958,755)

Transfer funds and 13 positions from the Georgia Aviation Authority to the Georgia Forestry Commission.

($1,482,928) ($1,482,928)

Transfer funds and four positions from the Georgia Aviation Authority to the Department of Natural Resources.

($744,140) ($744,140)

Transfer funds for operating expenses from the Georgia Aviation Authority to the Department of Public Safety.

($529,750) ($529,750)

Amount appropriated in this Act

$1,540,251 $1,540,251

12.13. 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

TUESDAY, MARCH 27, 2012

5041

appropriation act:
Amount from prior Appropriation Act (HB78) Provide for a payment to the Office of the State Treasurer of $4,315,917. (G:YES) (CC:YES) Amount appropriated in this Act

State Funds $0 $0

Total Funds $0 $0

$0

$0

Section 13: Agriculture, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds

$51,352,061 $7,163,980 $7,163,980 $3,454,038 $3,454,038 $40,734,043 $40,734,043

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

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,

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and regulating the pesticide and wood treatment industries; by monitoring, inspecting, and regulating animal feed, pet food, and grains; and by monitoring, inspecting, and regulating elevators, amusement park rides, and boilers. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales.

Total Funds

$32,955,120

Federal Funds and Grants

$7,128,980

Federal Funds Not Specifically Identified

$7,128,980

Other Funds

$1,501,004

Other Funds - Not Specifically Identified

$1,501,004

State Funds

$24,325,136

State General Funds

$24,325,136

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)

$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 29.781%.

$202,160

$202,160

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$303,036

$303,036

Reflect an adjustment in telecommunications expenses.

($22,985)

($22,985)

Reflect an adjustment in the workers' compensation premium.

$2,152

$2,152

Reflect an adjustment in unemployment insurance premiums.

$304

$304

Increase funds for general liability premiums.

$77,839

$77,839

Increase funds to reflect an adjustment in PeopleSoft billings.

$7,384

$7,384

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($25,503)

($25,503)

Reduce funds for personal services to reflect projected expenditures.

($322,309) ($422,250)

Provide state funds to replace fees required to be remitted to the Office of the State Treasurer pursuant to the State of Georgia 2011 Budgetary Compliance Report.

$7,556,240 $1,439,324

Transfer funds and 63 positions from the Department of Labor to Consumer Protection. (CC:Transfer to the Department of Insurance.)

$0

$0

Reflect a change in the purpose statement. (G:YES) (CC:YES)

$0

$0

Amount appropriated in this Act

$24,325,136 $32,955,120

TUESDAY, MARCH 27, 2012

5043

13.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$4,558,992

State Funds

$4,558,992

State General Funds

$4,558,992

The 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 29.781%.

$28,651

$28,651

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$54,685

$54,685

Reflect an adjustment in telecommunications expenses.

($6,115)

($6,115)

Reflect an adjustment in the workers' compensation premium.

$315

$315

Reflect an adjustment in unemployment insurance premiums.

$44

$44

Increase funds for general liability premiums.

$11,377

$11,377

Increase funds to reflect an adjustment in PeopleSoft billings.

$1,079

$1,079

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($3,728)

($3,728)

Reduce funds for personal services to reflect projected expenditures and eliminate two filled positions.

($96,417)

($96,417)

Provide state funds to replace fees required to be remitted to the Office of the State Treasurer pursuant to the State of Georgia 2011 Budgetary Compliance Report.

$2,450,810

$26,582

Reduce funds based on a decrease in occupancy in the Agriculture Building. (CC:Recognize savings for fifth floor vacancy.)

($101,275) ($101,275)

Amount appropriated in this Act

$4,558,992 $4,558,992

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 Market Bulletin.

Total Funds

$6,979,763

Federal Funds and Grants

$35,000

Federal Funds Not Specifically Identified

$35,000

Other Funds

$1,953,034

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Other Funds - Not Specifically Identified

$1,953,034

State Funds

$4,991,729

State General Funds

$4,991,729

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)

$5,180,528 $7,201,945

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$61,616

$61,616

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$47,164

$47,164

Reflect an adjustment in telecommunications expenses.

($9,447)

($9,447)

Reflect an adjustment in the workers' compensation premium.

$389

$389

Reflect an adjustment in unemployment insurance premiums.

$55

$55

Increase funds for general liability premiums.

$14,087

$14,087

Increase funds to reflect an adjustment in PeopleSoft billings.

$1,333

$1,333

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($4,615)

($4,615)

Reduce funds for personal services to reflect projected expenditures and eliminate one vacant position.

($60,212)

($93,595)

Reduce funds for operating expenses and seek alternative strategies to provide livestock market reporting.

($229,961) ($229,961)

Replace state funds with other funds for administrative and financial support for the Commodity Commissions.

($156,629) ($156,629)

Reduce funds for travel expenses.

($2,579)

($2,579)

Provide funds for the H1B/H2A Guest Worker program.

$150,000

$150,000

Amount appropriated in this Act

$4,991,729 $6,979,763

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)

TUESDAY, MARCH 27, 2012

5045

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

$1,284,739

State Funds

$1,284,739

State General Funds

$1,284,739

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,291,942 $1,291,942

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$4,603

$4,603

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$8,108

$8,108

Reflect an adjustment in the workers' compensation premium.

($1,642)

($1,642)

Reflect an adjustment in unemployment insurance premiums.

$5,605

$5,605

Increase funds for general liability premiums.

$1,962

$1,962

Reduce funds for regular operating expenses.

($25,839)

($25,839)

Amount appropriated in this Act

$1,284,739 $1,284,739

Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds

$11,357,111 $11,357,111 $11,357,111

14.1. Consumer Protection and Assistance

Purpose: The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff.

Total Funds

$218,206

State Funds

$218,206

State General Funds

$218,206

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 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act

State Funds $211,192 $2,896
$3,794
$85 $111
$139 $81 $33
($125)
$218,206

Total Funds $211,192 $2,896
$3,794
$85 $111
$139 $81 $33
($125)
$218,206

14.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all department programs.

Total Funds

$2,014,908

State Funds

$2,014,908

State General Funds

$2,014,908

The 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 29.781%.

$26,289

$26,289

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$34,432

$34,432

Reflect an adjustment in telecommunications expenses.

$777

$777

Reflect an adjustment in the workers' compensation premium.

$1,007

$1,007

Reflect an adjustment in unemployment insurance premiums.

$1,267

$1,267

Increase funds for general liability premiums.

$737

$737

Increase funds to reflect an adjustment in PeopleSoft billings.

$300

$300

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($1,134)

($1,134)

Reduce funding for computer charges.

($14,000)

($14,000)

Reduce funding for regular operating expenses.

($4,980)

($4,980)

TUESDAY, MARCH 27, 2012

5047

Amount appropriated in this Act

$2,014,908 $2,014,908

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

$7,215,024

State Funds

$7,215,024

State General Funds

$7,215,024

The 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 29.781%.

$95,474

$95,474

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$125,047

$125,047

Reflect an adjustment in telecommunications expenses.

$2,822

$2,822

Reflect an adjustment in the workers' compensation premium.

$3,657

$3,657

Reflect an adjustment in unemployment insurance premiums.

$4,601

$4,601

Increase funds for general liability premiums.

$2,676

$2,676

Increase funds to reflect an adjustment in PeopleSoft billings.

$1,091

$1,091

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($4,120)

($4,120)

Reduce funding in computer charges.

($27,000)

($27,000)

Reduce funding for regular operating expenses.

($23,110)

($23,110)

Amount appropriated in this Act

$7,215,024 $7,215,024

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, protect consumers by licensing, regulating, and enforce applicable laws and regulations, and provide efficient and flexible application, registrations and notification procedures for non-depository financial institutions.

Total Funds

$1,908,973

State Funds

$1,908,973

State General Funds

$1,908,973

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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)

$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 29.781%.

$17,229

$17,229

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$33,011

$33,011

Reflect an adjustment in telecommunications expenses.

$745

$745

Reflect an adjustment in the workers' compensation premium.

$966

$966

Reflect an adjustment in unemployment insurance premiums.

$1,215

$1,215

Increase funds for general liability premiums.

$706

$706

Increase funds to reflect an adjustment in PeopleSoft billings.

$288

$288

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($1,088)

($1,088)

Amount appropriated in this Act

$1,908,973 $1,908,973

Section 15: Behavioral Health and Developmental Disabilities, Department of

Total Funds

$1,153,064,022

Federal Funds and Grants

$156,261,708

Community Mental Health Services Block Grant

$14,141,291

Medical Assistance Program

$24,477,192

Prevention and Treatment of Substance Abuse Block Grant

$51,480,893

Social Services Block Grant

$35,981,142

Temporary Assistance for Needy Families Block Grant

$11,568,720

Federal Funds Not Specifically Identified

$18,612,470

Other Funds

$55,779,370

Agency Funds

$39,356,648

Other Funds - Not Specifically Identified

$16,422,722

State Funds

$938,225,891

State General Funds

$927,970,753

Tobacco Settlement Funds

$10,255,138

Intra-State Government Transfers

$2,797,053

Other Intra-State Government Payments

$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

TUESDAY, MARCH 27, 2012

5049

dependency. The purpose of this appropriation is also to provide assistance for compulsive gamblers.

Total Funds

$89,839,900

Federal Funds and Grants

$44,328,551

Medical Assistance Program

$200,000

Prevention and Treatment of Substance Abuse Block Grant

$30,059,831

Social Services Block Grant

$2,500,000

Temporary Assistance for Needy Families Block Grant

$11,568,720

Other Funds

$435,203

Agency Funds

$434,903

Other Funds - Not Specifically Identified

$300

State Funds

$45,076,146

State General Funds

$45,076,146

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$520,694

$520,694

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$71,654

$71,654

Reflect an adjustment in telecommunications expenses.

$2,402

$2,402

Reflect an adjustment in the workers' compensation premium.

$91,319

$91,319

Reduce funds to recognize the loss of TANF Supplemental grant.

$0 ($8,561,768)

Utilize at least $75,000 from administrative funds, $846,819 from state funds, and $122,400 from Independent Living Supports contract to reduce the effects of the loss of the TANF Supplemental grant. (CC:YES)

$0

$0

Transfer Social Services Block Grant funds from Adult Developmental Disabilities Services to the Adult Addictive Diseases Services to reduce the effects of the loss of the TANF Supplemental grant.

$0 $2,500,000

Increase funds to reduce the effects of the loss of the TANF Supplemental grant.

$802,165

$802,165

Amount appropriated in this Act

$45,076,146 $89,839,900

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

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respite, job readiness, training, and a crisis and access line.

Total Funds

$341,380,062

Federal Funds and Grants

$37,922,210

Medical Assistance Program

$11,778,039

Social Services Block Grant

$26,144,171

Other Funds

$28,706,127

Agency Funds

$17,521,674

Other Funds - Not Specifically Identified

$11,184,453

State Funds

$274,751,725

State General Funds

$264,496,587

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 29.781%.

$1,676,888

$1,676,888

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,648,044

$1,648,044

Reflect an adjustment in telecommunications expenses.

$55,256

$55,256

Reflect an adjustment in the workers' compensation premium.

$163,007

$163,007

Reduce funds for contractual services.

($575,000) ($725,000)

Increase funds to provide for 150 additional Comprehensive Waiver (COMP) slots and to annualize the cost of 100 FY2012 New Options Waiver (NOW) slots for the developmentally disabled to meet the requirements of the Department of Justice Settlement Agreement.

$5,290,181 $6,130,225

Increase funds to reflect change in federal participation rate from 65.95% to 65.71%.

$1,110,719 $1,110,719

Increase funds for developmental disabilities consumers in community settings to meet the requirements of the Department of Justice ADA settlement (excludes waivers).

$4,216,000 $4,216,000

Reduce funds to recognize one-time savings from Money Follows the Person program by utilizing an enhanced federal matching rate.

($1,577,468)

($1,577,468)

Reduce funds to recognize the loss of the TANF Supplemental grant.

$0 ($411,234)

Transfer funds from the Direct Care Support Services program to the Adult Developmental Disabilities Services program to align the budget with program expenditures.

$2,810,775 $2,810,775

TUESDAY, MARCH 27, 2012

5051

Use Balancing Incentive Payment program for additional 100 waiver slots for the New Options Waiver (NOW) and Comprehensive Waiver (COMP) as part of the Department of Justice Settlement Agreement. (G:YES) (CC:YES)
Use Balancing Incentive Payment Program to annualize the cost of 150 FY 2012 waiver slots for COMP as part of the Department of Justice Settlement Agreement. (G:YES) (CC:YES)
Transfer Social Services Block Grant funds from the Adult Developmental Disabilities Services program to the Adult Addictive Services program to reduce the effects of the TANF Supplemental grant loss.
Utilize Balancing Incentive Payment Program to annualize the cost of NOW and COMP waivers for youths aging out of DFCS. (CC:YES)
Provide additional funding for the Emory Autism Center.
Amount appropriated in this Act

$0
$0
$0
$0 $100,000 $274,751,725

$0
$0
($2,500,000)
$0 $100,000 $341,380,062

15.3. Adult Forensic Services

Purpose: The purpose of this appropriation is to provide psychological evaluations of defendants, mental health screening and evaluations, inpatient mental health treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers.

Total Funds

$68,415,154

Other Funds

$26,500

Other Funds - Not Specifically Identified

$26,500

State Funds

$68,388,654

State General Funds

$68,388,654

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$720,818

$720,818

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$859,849

$859,849

Reflect an adjustment in telecommunications expenses.

$28,829

$28,829

Increase funds for contract forensic evaluators to perform evaluations statewide, depending upon areas of greatest need or backlog.

$450,000

$450,000

Increase funds to provide for an additional 40 bed unit to decrease the waiting list for forensic services.

$5,600,000 $5,600,000

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Transfer state funds from the Direct Care Support Services program to the Adult Forensic Services program to properly align budget to expenditures.
Amount appropriated in this Act

$5,059,395 $5,059,395 $68,388,654 $68,415,154

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

$305,891,693

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

$279,744,235

State General Funds

$279,744,235

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$259,114,287 $282,085,894

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$2,886,837

$2,886,837

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$988,827

$988,827

Reflect an adjustment in telecommunications expenses.

$36,709

$36,709

Reflect an adjustment in the workers' compensation premium.

$163,260

$163,260

Reduce funds for contractual services.

($3,045,414) ($3,045,414)

Increase funds to reflect change in federal participation rate from 65.95% to 65.71%.

$434,707

$434,707

Increase funds for mental health consumers in community settings to meet the requirements of the State's settlement agreement with the Department of Justice.

$20,342,253 $20,342,253

Replace state funds with Medicaid administrative funds for ($1,078,886)

$0

contractual services.

Replace state funds with Mental Health Block Grant funds ($2,096,965)

$0

for contractual services.

TUESDAY, MARCH 27, 2012

5053

Transfer state funds from the Direct Care Support Services program to the Adult Mental Health Services program to properly align budget to expenditures.
Utilize existing funds for an emergency psychiatric service center. (G:YES) (CC:YES)
Utilize Balancing Incentive Payment program payments to invest in home and community-based services options in Medicaid. (G:YES) (CC:YES)
Reduce funds based on FY2011 expenditures.
Increase funds for the continuation of the Opening Doors to Recovery Project.
The Department will provide and prioritize services in accordance with Georgia's safety net obligations and are not intended to compete with services provided for patients with private insurance. (CC:YES)
Amount appropriated in this Act

$2,248,620 $2,248,620

$0

$0

$0

$0

($500,000) $250,000
$0

($500,000) $250,000
$0

$279,744,235 $305,891,693

15.5. Adult Nursing Home Services

Purpose: The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental illness, mental retardation or developmental disabilities.

Total Funds

$11,213,698

Other Funds

$6,330,069

Agency Funds

$6,330,069

State Funds

$4,883,629

State General Funds

$4,883,629

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$44,126

$44,126

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$214,962

$214,962

Reflect an adjustment in telecommunications expenses.

$4,805

$4,805

Transfer state funds from the Direct Care Support Services program to the Adult Nursing Home Services program to properly align budget to expenditures.

$1,124,310 $1,124,310

Amount appropriated in this Act

$4,883,629 $11,213,698

15.6. Child and Adolescent Addictive Diseases Services Purpose: The purpose of this appropriation is to provide services to children and adolescents

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for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$14,620,384

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

$3,273,354

State General Funds

$3,273,354

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)

$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 29.781%.

$4,633

$4,633

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$71,654

$71,654

Reflect an adjustment in telecommunications expenses.

$2,402

$2,402

Amount appropriated in this Act

$3,273,354 $14,620,384

15.7. Child and Adolescent Developmental Disabilities

Purpose: The purpose of this appropriation is to provide evaluation, residential, support, and education services for children and adolescents with developmental disabilities.

Total Funds

$11,560,447

Federal Funds and Grants

$3,148,692

Medical Assistance Program

$3,148,692

Other Funds

$65,839

Agency Funds

$65,839

State Funds

$8,345,916

State General Funds

$8,345,916

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$19,712

$19,712

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$71,654

$71,654

Reflect an adjustment in telecommunications expenses.

$2,402

$2,402

Increase funds for the Marcus Autism Center.

$250,000

$500,000

Increase funds for the Matthew Reardon Center for Autism.

$100,000

$100,000

TUESDAY, MARCH 27, 2012

5055

Amount appropriated in this Act

$8,345,916 $11,560,447

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

$3,301,930

State Funds

$3,301,930

State General Funds

$3,301,930

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)

$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 29.781%.

$24,624

$24,624

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$71,654

$71,654

Reflect an adjustment in telecommunications expenses.

$2,402

$2,402

Amount appropriated in this Act

$3,301,930 $3,301,930

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

$86,276,949

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

$75,502,819

State General Funds

$75,502,819

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$74,394

$74,394

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$71,654

$71,654

5056

JOURNAL OF THE HOUSE

Reflect an adjustment in telecommunications expenses.
Increase funds to reflect change in federal participation rate from 65.95% to 65.71%.
Transfer Mental Health Block Grant funds to the Adult Mental Health Services program for contractual services.(G:YES) (CC:YES)
Utilize Balancing Incentive Payment program payments to invest in home and community-based services options in Medicaid. (G:YES) (CC:YES)
Amount appropriated in this Act

$2,402 $96,351

$2,402 $96,351

$0 ($2,096,965)

$0

$0

$75,502,819 $86,276,949

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

$48,787,500

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

$36,672,440

State General Funds

$36,672,440

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 29.781%.

$174,140

$174,140

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$366,152

$366,152

Reflect an adjustment in telecommunications expenses.

$19,219

$19,219

Reflect an adjustment in the workers' compensation premium.

$848,981

$848,981

Reflect an adjustment in unemployment insurance premiums. ($1,398,290) ($1,398,290)

Increase funds for general liability premiums.

$1,907,505 $1,907,505

Increase funds to reflect an adjustment in PeopleSoft billings.

$78,432

$78,432

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($475,544) ($475,544)

TUESDAY, MARCH 27, 2012

5057

The Department will evaluate the criteria for establishing a viable waiting list and report to the General Assembly by June 30, 2013 with recommendations for maintaining such lists. (CC:YES)
Reduce administration funds. (CC:YES;Reduction in funds is not to be deducted from local level operations or transportation funds within this program.)
Amount appropriated in this Act

$0 ($717,385) $36,672,440

$0 ($717,385) $48,787,500

15.11. Direct Care Support Services

Purpose: The purpose of this appropriation is to operate six state-owned and operated hospitals.

Total Funds

$154,991,193

Other Funds

$15,220,361

Agency Funds

$13,767,030

Other Funds - Not Specifically Identified

$1,453,331

State Funds

$137,351,122

State General Funds

$137,351,122

Intra-State Government Transfers

$2,419,710

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 29.781%.

$1,440,700

$1,440,700

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$2,693,479

$2,693,479

Reflect an adjustment in telecommunications expenses.

$81,013

$81,013

Transfer state funds from the Direct Care Support Services program to the Adult Developmental Disabilities Services program ($2,810,775), the Adult Forensic Services program ($5,059,395), the Adult Mental Health Services program ($2,248,620), and the Adult Nursing Home Services program ($1,124,310) to properly align budget to expenditures.

($11,243,100)

($11,243,100)

Adjust funds for unemployment insurance expenses.

($1,200,000) ($1,200,000)

Utilize savings from the closure of Northwest Georgia Regional Hospital to cover unemployment insurance expenses. (G:YES) (CC:YES)

$0

$0

Amount appropriated in this Act

$137,351,122 $154,991,193

5058

JOURNAL OF THE HOUSE

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

$13,406,574

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

$233,007

State General Funds

$233,007

The 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 29.781%.

$265

$265

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$35,827

$35,827

Reflect an adjustment in telecommunications expenses.

$2,402

$2,402

Amount appropriated in this Act

$233,007 $13,406,574

The following appropriations are for agencies attached for administrative purposes.

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

TUESDAY, MARCH 27, 2012

5059

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

$656,279

State Funds

$656,279

State General Funds

$656,279

The 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 29.781%.

$5,087

$5,087

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$12,740

$12,740

Increase funds to convert two part-time evaluators and one clerk to full-time employees.

$100,213

$100,213

Transfer funds from the Sexual Offender Review Board to the Georgia Bureau of Investigation for one part-time and four full-time investigators. (CC:YES)

($239,235) ($239,235)

Amount appropriated in this Act

$656,279

$656,279

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

$317,337,621 $166,823,214 $166,823,214 $11,592,796
$55,284 $11,537,512 $138,921,611 $138,921,611

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

$469,077

Other Funds

$239,704

Other Funds - Not Specifically Identified

$239,704

5060

JOURNAL OF THE HOUSE

State Funds

$229,373

State General Funds

$229,373

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)

$224,386

$464,090

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$2,985

$2,985

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$4,608

$4,608

Reflect an adjustment in telecommunications expenses.

($2,658)

($2,658)

Reflect an adjustment in the workers' compensation premium.

($54)

($54)

Reflect an adjustment in unemployment insurance premiums.

$133

$133

Increase funds for general liability premiums.

$152

$152

Increase funds to reflect an adjustment in PeopleSoft billings.

$103

$103

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($282)

($282)

Amount appropriated in this Act

$229,373

$469,077

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

$4,205,460

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

$4,023,494

State General Funds

$4,023,494

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)

$4,119,638 $4,250,739

TUESDAY, MARCH 27, 2012

5061

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Replace state funds with other funds for personal services. Reduce funds for Regional Commissions. Amount appropriated in this Act

$24,212
$18,433
($10,631) ($215)
$532 $607 $410 ($1,127)
($50,865) ($77,500) $4,023,494

$24,212
$18,433
($10,631) ($215)
$532 $607 $410 ($1,127)
$0 ($77,500) $4,205,460

16.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$5,103,140

Federal Funds and Grants

$1,624,684

Federal Funds Not Specifically Identified

$1,624,684

Other Funds

$2,383,609

Other Funds - Not Specifically Identified

$2,383,609

State Funds

$1,094,847

State General Funds

$1,094,847

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)

$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 29.781%.

$7,546

$7,546

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$19,585

$19,585

Reflect an adjustment in telecommunications expenses.

($11,296)

($11,296)

Reflect an adjustment in the workers' compensation premium.

($229)

($229)

Reflect an adjustment in unemployment insurance premiums.

$566

$566

Increase funds for general liability premiums.

$645

$645

Increase funds to reflect an adjustment in PeopleSoft billings.

$436

$436

5062

JOURNAL OF THE HOUSE

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Replace state funds with other funds for operating expenses. Reduce contract funds. Eliminate one vacant and three filled positions. Amount appropriated in this Act

($1,197)
($100,000) ($25,000) ($49,058)
$1,094,847

($1,197)
$0 ($25,000) ($266,284) $5,103,140

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

$46,932,299

Federal Funds and Grants

$45,163,423

Federal Funds Not Specifically Identified

$45,163,423

Other Funds

$243,318

Other Funds - Not Specifically Identified

$243,318

State Funds

$1,525,558

State General Funds

$1,525,558

The 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 29.781%.

$17,851

$17,851

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$26,496

$26,496

Reflect an adjustment in telecommunications expenses.

($15,283)

($15,283)

Reflect an adjustment in the workers' compensation premium.

($309)

($309)

Reflect an adjustment in unemployment insurance premiums.

$765

$765

Increase funds for general liability premiums.

$872

$872

Increase funds to reflect an adjustment in PeopleSoft billings.

$590

$590

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($1,619)

($1,619)

Eliminate one filled position.

($42,205)

($84,410)

Reduce grant funds to reflect match requirement for the Appalachian Regional Commission.

($30,000)

($30,000)

Amount appropriated in this Act

$1,525,558 $46,932,299

TUESDAY, MARCH 27, 2012

5063

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

$1,381,679

Federal Funds and Grants

$105,625

Federal Funds Not Specifically Identified

$105,625

Other Funds

$175,000

Other Funds - Not Specifically Identified

$175,000

State Funds

$1,101,054

State General Funds

$1,101,054

The 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 29.781%.

$13,948

$13,948

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$20,737

$20,737

Reflect an adjustment in telecommunications expenses.

($11,960)

($11,960)

Reflect an adjustment in the workers' compensation premium.

($242)

($242)

Reflect an adjustment in unemployment insurance premiums.

$599

$599

Increase funds for general liability premiums.

$683

$683

Increase funds to reflect an adjustment in PeopleSoft billings.

$462

$462

5064

JOURNAL OF THE HOUSE

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Amount appropriated in this Act

($1,267) $1,101,054

($1,267) $1,381,679

16.7. Rental Housing Programs

Purpose: The purpose of this appropriation is to provide affordable rental housing to very low, and moderate-income households by allocating federal and state housing tax credits on a competitive basis, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by providing tenant-based assistance to lowincome 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

$373,968

State Funds

$373,968

State General Funds

$373,968

The 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 29.781%.

$3,789

$3,789

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$6,912

$6,912

Reflect an adjustment in telecommunications expenses.

($3,987)

($3,987)

Reflect an adjustment in the workers' compensation premium.

($81)

($81)

Reflect an adjustment in unemployment insurance premiums.

$200

$200

Increase funds for general liability premiums.

$228

$228

Increase funds to reflect an adjustment in PeopleSoft billings.

$154

$154

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($422)

($422)

Amount appropriated in this Act

$373,968

$373,968

TUESDAY, MARCH 27, 2012

5065

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

$952,745

Other Funds

$85,166

Agency Funds

$55,284

Other Funds - Not Specifically Identified

$29,882

State Funds

$867,579

State General Funds

$867,579

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)

$849,908

$935,074

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$10,663

$10,663

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$16,129

$16,129

Reflect an adjustment in telecommunications expenses.

($9,302)

($9,302)

Reflect an adjustment in the workers' compensation premium.

($188)

($188)

Reflect an adjustment in unemployment insurance premiums.

$466

$466

Increase funds for general liability premiums.

$530

$530

Increase funds to reflect an adjustment in PeopleSoft billings.

$359

$359

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($986)

($986)

5066

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$867,579

$952,745

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 investment in order to attract and promote economic development and job creation.

Total Funds

$78,765,099

Federal Funds and Grants

$13,587

Federal Funds Not Specifically Identified

$13,587

Other Funds

$154,681

Other Funds - Not Specifically Identified

$154,681

State Funds

$78,596,831

State General Funds

$78,596,831

The 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 29.781%.

$2,284

$2,284

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$2,304

$2,304

Reflect an adjustment in telecommunications expenses.

($1,329)

($1,329)

Reflect an adjustment in the workers' compensation premium.

($27)

($27)

Reflect an adjustment in unemployment insurance premiums.

$67

$67

Increase funds for general liability premiums.

$76

$76

Increase funds to reflect an adjustment in PeopleSoft billings.

$51

$51

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($141)

($141)

Eliminate contract funds for Appalachian Community Enterprise (ACE).

($25,000)

($25,000)

Recognize additional revenue from the Mortgage Banking Settlement for Regional Economic Business Assistance (REBA) grants.

$67,059,063 $67,059,063

Amount appropriated in this Act

$78,596,831 $78,765,099

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

TUESDAY, MARCH 27, 2012

5067

waste, energy, and land conservation projects.

Total Funds

$298,495

State Funds

$298,495

State General Funds

$298,495

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

Amount appropriated in this Act

$298,495

$298,495

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 Development of Regional Impact.

Total Funds

$3,041,478

State Funds

$3,041,478

State General Funds

$3,041,478

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)

$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 29.781%.

$34,879

$34,879

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$62,642

$62,642

Reflect an adjustment in telecommunications expenses.

$36,963

$36,963

Reflect an adjustment in the workers' compensation premium.

$5,527

$5,527

Reflect an adjustment in unemployment insurance premiums.

$5,448

$5,448

Increase funds for general liability premiums.

$1,223

$1,223

Replace state funds with federal funds for two positions.

($59,077)

($59,077)

Amount appropriated in this Act

$3,041,478 $3,041,478

16.14. Payments to OneGeorgia Authority

Purpose: The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

Total Funds

$44,992,042

Other Funds

$186,000

Other Funds - Not Specifically Identified

$186,000

5068

JOURNAL OF THE HOUSE

State Funds

$44,806,042

State General Funds

$44,806,042

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0

$186,000

Provide funds for rural economic development. (CC:Recognize additional revenues from the Mortgage Banking Settlement.)

$44,806,042 $44,806,042

Amount appropriated in this Act

$44,806,042 $44,992,042

Section 17: Community Health, Department of Total Funds Federal Funds and Grants
Medical Assistance Program State Children's Insurance Program Federal Funds Not Specifically Identified Other Funds Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified Prior Year Funds - Other 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

$11,971,078,300
$5,702,129,485 $5,419,611,863
$273,383,425 $9,134,197
$245,651,179 $78,482,824 $139,386,524 $10,306,214 $17,475,617 $2,711,373,577 $235,302,027 $157,444,961 $2,208,433,332 $110,193,257 $3,289,694,412 $3,008,837,150 $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

$347,341,330

Federal Funds and Grants

$254,978,024

Medical Assistance Program

$231,288,579

State Children's Insurance Program

$23,036,955

Federal Funds Not Specifically Identified

$652,490

TUESDAY, MARCH 27, 2012

5069

Other Funds

$2,854,039

Agency Funds

$1,611,520

Other Funds - Not Specifically Identified

$1,242,519

State Funds

$67,136,937

State General Funds

$67,136,937

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:

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 29.781%.
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Reflect an adjustment in telecommunications expenses.
Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums.
Increase funds for general liability premiums.
Increase funds to reflect an adjustment in PeopleSoft billings.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Reduce funds for operating expenses.
Reduce funds for contractual services.
Provide funds to expand efforts to identify inappropriate and medically unnecessary service utilization.
Provide funds for consulting contracts to assess the managed care program.
Provide funds for the federally mandated implementation of expanded diagnosis and procedure codes for Medicaid billing.
Transfer funds for the Office of Health Information Technology and Transparency from the Departmental Administration and Program Support program to the Health Care Access and Improvement program to align budget with program purpose.

State Funds $63,956,153
$419,886
$311,571
($25,505) $98,222
$23,161 $69,720
$4,088 ($6,015)
($164,050) ($1,119,230)
$2,000,000
$400,000
$1,663,396
($494,460)

Total Funds $328,073,262
$419,886
$311,571
($25,505) $98,222
$23,161 $69,720
$4,088 ($6,015)
($328,100) ($2,238,460)
$4,000,000
$800,000
$16,633,960
($494,460)

5070

JOURNAL OF THE HOUSE

The Department of Community Health, pursuant to O.C.G.A. 49-4-142.1, is hereby authorized to submit a request to the United States Department of Health and Human Services for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the federal Social Security Act. (CC:YES)
Amount appropriated in this Act

$0

$0

$67,136,937 $347,341,330

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, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency.

Total Funds

$28,865,580

Federal Funds and Grants

$588,838

Medical Assistance Program

$416,250

Federal Funds Not Specifically Identified

$172,588

State Funds

$7,317,234

State General Funds

$7,317,234

The 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 29.781%.

$37,756

$37,756

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$50,504

$50,504

Reflect an adjustment in the workers' compensation premium.

$7,114

$7,114

Reflect an adjustment in unemployment insurance premiums.

$1,666

$1,666

Increase funds for general liability premiums.

$5,015

$5,015

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($428)

($428)

Transfer funds for health planning from the Health Care Access and Improvement program to the Healthcare Facility Regulation program.

($1,026,719) ($1,126,719)

Reduce one-time funds for Federally Qualified Health Centers.

($1,000,000) ($1,000,000)

Reflect federal funds for development and implementation of a health information project.

$0 $7,941,462

TUESDAY, MARCH 27, 2012

5071

Provide state funds for the distribution of federal Medicaid Incentive Program (MIP) payments to providers adopting electronic health records, and reflect federal matching funds.
Transfer funds for the Office of Health Information Technology and Transparency from the Departmental Administration and Program Support program to the Health Care Access and Improvement program to align budget with program purpose.
Provide funding to Area Health Education Centers (AHEC) to increase ongoing housing resources available to support community-based training of medical students completing third and fourth year medical school core clerkships and rural/primary care electives.
Provide start-up funds for new Federally Qualified Community Health Centers (FQHC) in Whitfield County and Randolph County. (CC:Provide start-up funds for three new FQHCs from the 2012 Georgia Association for Primary Health Care priority list.)
Provide funds to the Southeastern Firefighters' Burn Foundation, Inc.
Amount appropriated in this Act

$1,150,000 $14,168,046

$494,460

$494,460

$693,750

$693,750

$750,000

$750,000

$50,000

$50,000

$7,317,234 $28,865,580

17.3. Healthcare Facility Regulation

Purpose: The purpose of this appropriation is to inspect and license long term care and health care facilities.

Total Funds

$15,686,046

Federal Funds and Grants

$8,461,900

Medical Assistance Program

$2,939,995

Federal Funds Not Specifically Identified

$5,521,905

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$7,124,146

State General Funds

$7,124,146

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$69,965

$69,965

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$123,712

$123,712

5072

JOURNAL OF THE HOUSE

Transfer funds for health planning from the Health Care Access and Improvement program to the Healthcare Facility Regulation program.
Amount appropriated in this Act

$1,026,719 $1,126,719 $7,124,146 $15,686,046

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

$407,526,188

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

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

$4,492,744,766

Federal Funds and Grants

$2,760,665,590

Medical Assistance Program

$2,757,878,376

Federal Funds Not Specifically Identified

$2,787,214

Other Funds

$68,842,988

Agency Funds

$62,342,988

Prior Year Funds - Other

$6,500,000

State Funds

$1,395,947,556

Hospital Provider Payment

$25,488,041

Nursing Home Provider Fees

$157,444,961

State General Funds

$1,213,014,554

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

Provide funds for growth in Medicaid.

$19,435,473 $56,679,712

TUESDAY, MARCH 27, 2012

5073

Increase funds to reflect a decrease in the Federal Medical

$9,039,313

$0

Assistance Percentage (FMAP) from 65.95% to 65.71%.

Increase Nursing Home Provider Fees to reflect preliminary projection of FY 2013 revenue.

$35,563

$103,712

Reflect savings from increased efforts to identify

($8,103,598) ($23,632,540)

inappropriate and medically unnecessary service utilization.

Provide funds to round copays down to the nearest whole or half dollar.

$1,451,485 $4,232,969

Provide funds to maintain provider rates and remove the 0.5% provider rate cut.

$1,539,444 $4,521,128

Increase the Nursing Home Provider Fee and use funds to update to the 2009 cost report. (CC:Increase the Nursing Home Provider Fee and state funds to update the nursing home reimbursement rates to the 2010 cost report.)

$30,046,962 $87,626,019

Reflect federal funds from the Balancing Incentive Payment program and invest in Medicaid long-term services and supports.

$0 $19,086,355

Reflect single-dose vial reimbursement in the physician office setting. (CC:Effective January 1, 2013, implement a wastage policy to reimburse for cancer treatment single-dose vials administered in the physician office.)

$1,200,000

$3,499,563

Provide funds for 50 Independent Care Waiver Program (ICWP) slots.

$810,101 $2,362,499

Increase federal funds to reflect the increase in specific immunization codes and evaluation and management codes to match the Medicare fee schedule.

$0 $32,340,076

Increase funds to update nursing home fair rental value system to account for the RS Means Construction Index.

$1,500,000 $4,374,453

Amount appropriated in this Act

$1,395,947,556 $4,492,744,766

17.6. Medicaid: Low-Income Medicaid

Purpose: The purpose of this appropriation is to provide healthcare access primarily to lowincome individuals.

Total Funds

$3,314,151,014

Federal Funds and Grants

$2,170,012,694

Medical Assistance Program

$2,170,012,694

Other Funds

$23,303,933

Agency Funds

$12,328,316

Prior Year Funds - Other

$10,975,617

State Funds

$1,107,417,540

Hospital Provider Payment

$208,186,737

5074

JOURNAL OF THE HOUSE

State General Funds

$789,037,546

Tobacco Settlement Funds

$110,193,257

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 to maintain 12 months of care management organization (CMO) capitation payments.

$75,612,649 $217,841,109

Increase funds to reflect projected benefit expense.

$3,028,251 $8,831,295

Reflect preliminary projection of FY 2013 Hospital Provider $11,163,979 $32,557,536 Payment revenue.

Restore funds reduced from Low Income Medicaid in FY 2012.

$77,555,551 $223,438,637

Increase funds to reflect a decrease in the Federal Medical

$7,904,988

$0

Assistance Percentage (FMAP) from 65.95% to 65.71%.

Replace $8,000,000 in state general funds with Tobacco Settlement Funds. (G:YES) (CC:YES)

$0

$0

Provide funds to round copays down to the nearest whole or half dollar.

$360,465 $1,051,225

Provide funds to maintain provider rates and remove the 0.5% provider rate cut.

$3,189,513 $9,367,144

Reduce funds to reflect anticipated FY 2012 reserves.

($10,975,617)

$0

Increase federal funds to reflect the increase in specific immunization codes and evaluation and management codes to match the Medicare fee schedule.

$0 $42,722,568

Amount appropriated in this Act

$1,107,417,540 $3,314,151,014

17.7. PeachCare

Purpose: The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.

Total Funds

$330,076,596

Federal Funds and Grants

$250,346,470

State Children's Insurance Program

$250,346,470

State Funds

$79,578,343

Hospital Provider Payment

$1,627,249

State General Funds

$77,951,094

Intra-State Government Transfers

$151,783

Medicaid Services Payments - Other Agencies

$151,783

TUESDAY, MARCH 27, 2012

5075

The 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

Increase funds to maintain 12 months of Care Management Organization (CMO) payments.

$6,576,280 $27,094,273

Increase funds for projected benefits expense.

$3,791,481 $15,797,838

Provide funds for projected enrollment increase from removing the PeachCare eligibility exemption for qualifying children of state employees.

$8,027,728 $33,448,867

Increase funds to reflect a decrease in the federal financial

$475,979

$0

participation rate from 76.17% to 76.00%.

Provide funds for a provider rate increase to ensure provider access for newly eligible and enrolled children of state employees.

$4,688,225 $19,534,271

Provide funds to round copays down to the nearest whole or half dollar.

$229,550

$956,458

Provide funds to maintain provider rates and remove the 0.5% provider rate cut.

$349,622 $1,467,151

Amount appropriated in this Act

$79,578,343 $330,076,596

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

$2,987,734,959

Intra-State Government Transfers

$2,987,734,959

Health Insurance Payments

$2,987,734,959

The 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

Reflect revenue from increased per member per month billings for non-certificated school service personnel from $246.20 to $296.20, effective September 2011.

$0 $41,541,769

Increase per member per month billings for non-certificated school service personnel from $296.20 to $446.20, effective July 2012.

$0 $114,106,407

Increase employer funding to the State Health Benefit Plan.

$0 $68,956,408

Reflect updated revenue and expense projections.

$0 ($116,306,875)

5076

JOURNAL OF THE HOUSE

Identify additional plan design and/or revenue strategies to cover projected FY 2013 expense. (CC:Identify additional plan design and/or revenue strategies to cover projected FY 2013 expenditures, with increases in employee premiums not to exceed ten percent.)
Reflect savings from second year of EnGAgement wellness program implementation.
Eliminate the bariatric surgery benefit. (CC:Restore the bariatric surgery benefit for Plan Year 2013, which begins January 1, 2013.)
Implement a tobacco cessation program.
Reflect reduced expenses by offering Tricare supplement plan to SHBP members who are former military personnel.
Reflect reduced expense from the transition of eligible members to PeachCare.
Reflect expense savings from implementing a mandatory specialty drugs benefit.
Reflect expense savings from implementing a voluntary mail order program for maintenance drugs.
Reflect expense savings from decreasing reimbursement rate for out-of-network providers.
Reflect savings from implementing tiers for prescriptions in the HRA plan.
Reflect savings from eliminating the vision benefit in the HMO plan.
Reflect savings from plan design changes in the Medicare Advantage plans.
Increase employee premiums 6.2% due to increased costs as a result of the requirements of the Patient Protection and Affordable Care Act (PPACA).
Implement direct billing for employer contributions for certificated personnel by setting a per member per month contribution that generates revenue equivalent to the percent of payroll amount. (G:YES) (CC:YES)
Amount appropriated in this Act

$0 ($62,619,460)

$0 ($28,968,166) $0 ($1,750,000)

$0 $2,800,000 $0 ($3,600,000) $0 ($32,000,000) $0 ($3,817,392) $0 ($1,581,792) $0 ($33,100,000) $0 ($68,968,374) $0 ($4,722,689) $0 ($2,989,289) $0 $35,800,000

$0

$0

$0 $2,987,734,959

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

$685,128

TUESDAY, MARCH 27, 2012

5077

State Funds

$685,128

State General Funds

$685,128

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$7,847

$7,847

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$10,212

$10,212

Reflect an adjustment in telecommunications expenses.

($229)

($229)

Reflect an adjustment in the workers' compensation premium.

$3,130

$3,130

Reflect an adjustment in unemployment insurance premiums.

$733

$733

Increase funds for general liability premiums.

$2,207

$2,207

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($188)

($188)

Transfer funds within the Georgia Board for Physician Workforce from Administration to the Physicians for Rural Areas program.

($40,000)

($40,000)

Provide funding for an operations analyst position.

$47,000

$47,000

Amount appropriated in this Act

$685,128

$685,128

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

$8,917,518

State Funds

$8,917,518

State General Funds

$8,917,518

The 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

Maximize federal participation for Graduate Medical Education programs. (G:YES) (CC:YES)

$0

$0

Provide funding for nine new residents at Houston Medical Center.

$185,895

$185,895

Provide "bridge funds" to support new Primary Care Graduate Medical Education expansion programs with funding gaps, to include the Southwest Georgia Consortium and Gwinnett Medical Center.

$853,265

$853,265

5078

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$8,917,518 $8,917,518

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

$20,969,911

State Funds

$20,969,911

State General Funds

$20,969,911

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

Provide funds to continue class size expansion and to align per capita funding to other GA medical schools.

$800,000

$800,000

Amount appropriated in this Act

$20,969,911 $20,969,911

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

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

$830,000

State Funds

$830,000

State General Funds

$830,000

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)

$790,000

$790,000

TUESDAY, MARCH 27, 2012

5079

Transfer funds within the Georgia Board for Physician Workforce from Administration to the Physicians for Rural Areas program.
Amount appropriated in this Act

$40,000

$40,000

$830,000

$830,000

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

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, residency trainees, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. The purpose of this appropriation is also to investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees.

Total Funds

$2,146,154

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$2,046,154

State General Funds

$2,046,154

The 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

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$25,207

$25,207

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$44,194

$44,194

Reflect an adjustment in telecommunications expenses.

($1,333)

($1,333)

Reflect an adjustment in the workers' compensation premium.

$8,537

$8,537

5080

JOURNAL OF THE HOUSE

Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for rent. (CC:Reduce funds for personal services.) Amount appropriated in this Act

$1,999 $6,017 ($513)
($5,000)
$2,046,154

$1,999 $6,017 ($513)
($5,000)
$2,146,154

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

$1,153,216,125 $3,598,119 $3,598,119
$18,469,922 $18,469,922 $1,121,908,791 $1,121,908,791 $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

$6,155,728

Other Funds

$7,046

Other Funds - Not Specifically Identified

$7,046

State Funds

$6,148,682

State General Funds

$6,148,682

The 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 29.781%.

$52,182

$52,182

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$79,837

$79,837

Reflect an adjustment in telecommunications expenses.

$5,386

$5,386

Reflect an adjustment in the workers' compensation premium.

$11,144

$11,144

TUESDAY, MARCH 27, 2012

5081

Reflect an adjustment in unemployment insurance premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act

($556) $679
($5,836)
$6,148,682

($556) $679
($5,836)
$6,155,728

18.2. County Jail Subsidy

Purpose: The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing.

Total Funds

$9,596,724

State Funds

$9,596,724

State General Funds

$9,596,724

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

$36,735,936

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

$36,067,108

State General Funds

$36,067,108

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$507,532

$507,532

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$760,692

$760,692

Reflect an adjustment in telecommunications expenses.

$223,338

$223,338

Reflect an adjustment in the workers' compensation premium.

$64,449

$64,449

Reflect an adjustment in unemployment insurance premiums.

($3,212)

($3,212)

Increase funds for general liability premiums.

$3,761,159 $3,761,159

Increase funds to reflect an adjustment in PeopleSoft billings.

$3,847

$3,847

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($33,073)

($33,073)

5082

JOURNAL OF THE HOUSE

Transfer funds for the Georgia Enterprise Technology Services (GETS) contract to Offender Management, Probation Supervision, and State Prisons to better align budget with expenditures.
Transfer funds and 22 positions to Probation Supervision to align budget to the appropriate program.
Transfer funds and 151 positions to State Prisons to align budget to the appropriate program.
Provide funds to implement a front-end sentencing risk assessment.
Amount appropriated in this Act

($5,450,000) ($5,450,000)

($1,942,573) ($1,942,573)

($12,685,401) ($12,685,401)

$175,000

$175,000

$36,067,108 $36,735,936

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

$29,118,074

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

$28,399,203

State General Funds

$28,399,203

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 29.781%.

$358,970

$358,970

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$530,196

$530,196

Reflect an adjustment in telecommunications expenses.

$30,966

$30,966

Reflect an adjustment in the workers' compensation premium.

$57,064

$57,064

Reflect an adjustment in unemployment insurance premiums.

($2,829)

($2,829)

Increase funds to reflect an adjustment in PeopleSoft billings.

$3,286

$3,286

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($28,242)

($28,242)

TUESDAY, MARCH 27, 2012

5083

Amount appropriated in this Act

$28,399,203 $29,118,074

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

$28,788,770

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

$27,519,049

State General Funds

$27,519,049

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)

$27,375,116 $28,644,837

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$17,779

$17,779

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$25,045

$25,045

Reflect an adjustment in telecommunications expenses.

$2,914

$2,914

Reflect an adjustment in the workers' compensation premium.

$3,281

$3,281

Reflect an adjustment in unemployment insurance premiums.

($160)

($160)

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($1,744)

($1,744)

Annualize conversion of three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders.

$96,818

$96,818

Amount appropriated in this Act

$27,519,049 $28,788,770

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

$206,883,766

Other Funds

$5,390,000

Other Funds - Not Specifically Identified

$5,390,000

State Funds

$201,493,766

State General Funds

$201,493,766

5084

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)

$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 29.781%.

$151,039

$151,039

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$237,807

$237,807

Reflect an adjustment in telecommunications expenses.

$2,586

$2,586

Reflect an adjustment in the workers' compensation premium.

$28,763

$28,763

Reflect an adjustment in unemployment insurance premiums.

($1,434)

($1,434)

Increase funds to reflect an adjustment in PeopleSoft billings.

$1,819

$1,819

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($15,630)

($15,630)

Annualize conversion of 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

Recognize savings from the opening of the Bostick facility for medically fragile offenders.

($1,800,000) ($1,800,000)

Amount appropriated in this Act

$201,493,766 $206,883,766

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

$42,350,127

Other Funds

$30,000

Other Funds - Not Specifically Identified

$30,000

State Funds

$42,320,127

State General Funds

$42,320,127

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$42,040,243 $42,070,243

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$50,350

$50,350

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$66,295

$66,295

TUESDAY, MARCH 27, 2012

5085

Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds for the GETS contract from Departmental Administration to better align budget with expenditures. Amount appropriated in this Act

$10,743 $6,527
($238) $500
($4,293)
$150,000
$42,320,127

$10,743 $6,527
($238) $500
($4,293)
$150,000
$42,350,127

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

$5,209,205

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

$4,796,705

State General Funds

$4,796,705

The 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 29.781%.

$67,024

$67,024

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$98,894

$98,894

Reflect an adjustment in telecommunications expenses.

$4,664

$4,664

Reflect an adjustment in the workers' compensation premium.

$11,146

$11,146

Reflect an adjustment in unemployment insurance premiums.

($556)

($556)

Increase funds to reflect an adjustment in PeopleSoft billings.

$710

$710

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($6,104)

($6,104)

Amount appropriated in this Act

$4,796,705 $5,209,205

5086

JOURNAL OF THE HOUSE

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

$134,908,024

State Funds

$134,908,024

State General Funds

$134,908,024

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$99,634,010 $99,634,010

Annualize the cost of the private prison expansion (2,650 beds). (CC:Annualize and maximize the cost of the private prison expansion.)

$35,274,014 $35,274,014

Increase funds to begin utilizing the Irwin County Detention Center to reduce county jail backlog issues. (CC:As necessary utilize private holding facilities, including Irwin County Detention Center, to reduce county jail backlog.)

$0

$0

Amount appropriated in this Act

$134,908,024 $134,908,024

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

$97,778,890

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$97,678,890

State General Funds

$97,678,890

The 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 29.781%.

$1,209,449

$1,209,449

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,843,977

$1,843,977

Reflect an adjustment in telecommunications expenses.

$209,403

$209,403

Reflect an adjustment in the workers' compensation premium.

$184,219

$184,219

Reflect an adjustment in unemployment insurance premiums.

($9,188)

($9,188)

TUESDAY, MARCH 27, 2012

5087

Increase funds to reflect an adjustment in PeopleSoft billings.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Transfer funds for the Georgia Enterprise Technology Services (GETS) contract from Departmental Administration to better align budget with expenditures.
Transfer funds and 22 positions from Departmental Administration to align budget to the appropriate program.
Transfer funds and five positions from Clemency Decisions of the State Board of Pardons and Paroles to implement a joint call service center.
Amount appropriated in this Act

$11,707 ($100,623) $2,800,000
$1,942,573 $233,610
$97,678,890

$11,707 ($100,623) $2,800,000
$1,942,573 $233,610
$97,778,890

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

$527,883,156

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

$505,172,788

State General Funds

$505,172,788

Intra-State Government Transfers

$9,222,802

Other Intra-State Government Payments

$9,222,802

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$6,295,033

$6,295,033

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$8,760,308

$8,760,308

Reflect an adjustment in telecommunications expenses.

$389,720

$389,720

Reflect an adjustment in the workers' compensation premium.

$1,221,667 $1,221,667

Reflect an adjustment in unemployment insurance premiums.

($61,373)

($61,373)

5088

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in PeopleSoft billings.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Transfer funds and 104 positions from Transition Centers to align budget with expenditures.
Transfer funds and 151 positions from Departmental Administration to align budget to the appropriate program.
Annualize conversion of three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders.
Transfer funds for the GETS contract from Departmental Administration to better align budget with expenditures.
Amount appropriated in this Act

$71,156 ($649,020) $1,529,318 $12,685,401 $5,280,644
$2,500,000 $505,172,788

$71,156 ($649,020) $1,529,318 $12,685,401 $5,280,644
$2,500,000 $527,883,156

18.12. Transitional Centers

Purpose: The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center.

Total Funds

$27,807,725

State Funds

$27,807,725

State General Funds

$27,807,725

The 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 29.781%.

$355,786

$355,786

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$525,443

$525,443

Reflect an adjustment in telecommunications expenses.

$28,930

$28,930

Reflect an adjustment in the workers' compensation premium.

$76,874

$76,874

Reflect an adjustment in unemployment insurance premiums.

($3,837)

($3,837)

Increase funds to reflect an adjustment in PeopleSoft billings.

$4,886

$4,886

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($41,993)

($41,993)

Transfer funds and 104 positions to State Prisons to align budget with expenditures.

($1,529,318) ($1,529,318)

Amount appropriated in this Act

$27,807,725 $27,807,725

TUESDAY, MARCH 27, 2012

5089

Section 19: Defense, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$66,965,013 $51,383,750 $51,383,750 $6,448,566 $1,443,213
$5,005,353 $9,101,329 $9,101,329

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

$1,738,394

Federal Funds and Grants

$594,059

Federal Funds Not Specifically Identified

$594,059

State Funds

$1,144,335

State General Funds

$1,144,335

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)

$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 29.781%.

$15,430

$15,430

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$7,585

$7,585

Reflect an adjustment in telecommunications expenses.

$46,399

$46,399

Reflect an adjustment in the workers' compensation premium.

$462

$462

Reflect an adjustment in unemployment insurance premiums.

$36

$36

Increase funds for general liability premiums.

$206

$206

Increase funds to reflect an adjustment in PeopleSoft billings.

$4,055

$4,055

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($369)

($369)

Reduce funds for personal services.

($30,816)

($30,816)

Reduce funds for regular operating expenses.

($7,856)

($7,856)

Realize savings from holding one position vacant.

($43,577)

($43,577)

Amount appropriated in this Act

$1,144,335 $1,738,394

5090

JOURNAL OF THE HOUSE

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

$52,713,681

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

$4,710,472

State General Funds

$4,710,472

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$4,542,956 $52,546,165

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$36,428

$36,428

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$76,341

$76,341

Reflect an adjustment in the workers' compensation premium.

$6,391

$6,391

Reflect an adjustment in unemployment insurance premiums.

$498

$498

Increase funds for general liability premiums.

$2,735

$2,735

Increase funds to reflect an adjustment in PeopleSoft billings.

$239

$239

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($5,116)

($5,116)

Provide funding for the Military Interstate Compact.

$50,000

$50,000

Amount appropriated in this Act

$4,710,472 $52,713,681

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

$12,512,938

Federal Funds and Grants

$9,266,416

Federal Funds Not Specifically Identified

$9,266,416

State Funds

$3,246,522

State General Funds

$3,246,522

TUESDAY, MARCH 27, 2012

5091

The 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 29.781%.

$32,547

$32,547

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$43,096

$43,096

Reflect an adjustment in the workers' compensation premium.

$5,117

$5,117

Reflect an adjustment in unemployment insurance premiums.

$398

$398

Increase funds for general liability premiums.

$2,219

$2,219

Increase funds to reflect an adjustment in PeopleSoft billings.

$552

$552

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($4,097)

($4,097)

Amount appropriated in this Act

$3,246,522 $12,512,938

Section 20: Driver Services, Department of Total Funds Other Funds Agency Funds State Funds State General Funds

$62,224,805 $2,844,121 $2,844,121 $59,380,684 $59,380,684

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

$9,613,894

Other Funds

$500,857

Agency Funds

$500,857

State Funds

$9,113,037

State General Funds

$9,113,037

The 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 29.781%.

$75,882

$75,882

5092

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services. Amount appropriated in this Act

$106,781
$122,376 ($19,693)
$4,691 $55,263 $12,380 ($6,939)
($178,822) $9,113,037

$106,781
$122,376 ($19,693)
$4,691 $55,263 $12,380 ($6,939)
($178,822) $9,613,894

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

$51,262,207

Other Funds

$1,827,835

Agency Funds

$1,827,835

State Funds

$49,434,372

State General Funds

$49,434,372

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)

$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 29.781%.

$400,808

$400,808

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$564,022

$564,022

Reflect an adjustment in telecommunications expenses.

$657,826

$657,826

Reflect an adjustment in the workers' compensation premium.

($104,022) ($104,022)

Reflect an adjustment in unemployment insurance premiums.

$24,777

$24,777

Increase funds for general liability premiums.

$0

$0

Increase funds to reflect an adjustment in PeopleSoft billings.

$0

$0

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($36,651)

($36,651)

Provide funds for 22 examiners and implementation costs associated with Real ID.

$797,856

$797,856

TUESDAY, MARCH 27, 2012

5093

Reduce funds for operations. Amount appropriated in this Act

($147,693) ($147,693) $49,434,372 $51,262,207

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; and to certify ignition interlock device providers.

Total Funds

$1,348,704

Other Funds

$515,429

Agency Funds

$515,429

State Funds

$833,275

State General Funds

$833,275

The 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 29.781%.

$7,086

$7,086

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$9,972

$9,972

Reflect an adjustment in telecommunications expenses.

$0

$0

Reflect an adjustment in the workers' compensation premium.

($1,839)

($1,839)

Reflect an adjustment in unemployment insurance premiums.

$438

$438

Increase funds for general liability premiums.

$0

$0

Increase funds to reflect an adjustment in PeopleSoft billings.

$0

$0

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($648)

($648)

Reduce contractual services for the Online Certification Reporting Application (OCRA).

($16,700)

($16,700)

Amount appropriated in this Act

$833,275 $1,348,704

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

$680,036,004 $320,827,966 $199,360,143 $121,467,823
$2,639,250

5094

JOURNAL OF THE HOUSE

Agency Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds

$2,510,000 $129,250
$354,061,853 $298,602,245
$55,459,608

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

$233,334,751

Federal Funds and Grants

$175,360,143

Child Care and Development Block Grant

$175,360,143

Other Funds

$2,515,000

Agency Funds

$2,510,000

Other Funds - Not Specifically Identified

$5,000

State Funds

$55,459,608

State General Funds

$55,459,608

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,187,817 $8,042,699

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$19,283

$19,283

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$27,810

$27,810

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($2,102)

($2,102)

Transfer the Child Care Services program from the Department of Human Services.

$54,234,300 $225,254,561

Reduce operating expenses.

($7,500)

($7,500)

Amount appropriated in this Act

$55,459,608 $233,334,751

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

TUESDAY, MARCH 27, 2012

5095

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

$298,970,068

Federal Funds and Grants

$367,823

Federal Funds Not Specifically Identified

$367,823

State Funds

$298,602,245

Lottery Funds

$298,602,245

The 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 29.781%.

$49,088

$49,088

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$55,071

$55,071

Reflect an adjustment in telecommunications expenses.

$569

$569

Reflect an adjustment in the workers' compensation premium.

$4,046

$4,046

Reflect an adjustment in unemployment insurance premiums.

$26

$26

Increase funds for general liability premiums.

$6,442

$6,442

Increase funds to reflect an adjustment in PeopleSoft billings.

$1,274

$1,274

Increase the school year by ten days and provide funding for ($2,712,051) ($2,712,051) 84,000 slots.

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$565,194

$565,194

Fund operating for 170 days of instruction and nine professional learning days.

$893,485

$893,485

Reduce start-up and program costs associated with fewer slots.

($854,000) ($854,000)

Reduce administrative costs.

($39,485)

($39,485)

Amount appropriated in this Act

$298,602,245 $298,970,068

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

5096

JOURNAL OF THE HOUSE

Federal Funds and Grants Child Care and Development Block Grant
Other Funds Other Funds - Not Specifically Identified

$24,000,000 $24,000,000
$124,250 $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

$41,590,240 $909,400 $909,400 $63,520 $43,150 $20,370
$40,617,320 $33,779,876 $6,837,444

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

$0

The 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

Consolidate the Business Recruitment and Expansion program into the Global Commerce program and transfer funds and 42 positions.

($7,608,241) ($7,608,241)

Reduce funds for personal services and eliminate one vacant position.

($100,000) ($100,000)

Amount appropriated in this Act

$0

$0

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

$4,084,586

Other Funds

$126

Other Funds - Not Specifically Identified

$126

TUESDAY, MARCH 27, 2012

5097

State Funds

$4,084,460

State General Funds

$4,084,460

The 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 29.781%.

$41,153

$41,153

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$63,861

$63,861

Reflect an adjustment in telecommunications expenses.

$231

$231

Reflect an adjustment in the workers' compensation premium.

($26,998)

($26,998)

Reflect an adjustment in unemployment insurance premiums.

$10,327

$10,327

Increase funds for general liability premiums.

$7,123

$7,123

Increase funds to reflect an adjustment in PeopleSoft billings.

$3,940

$3,940

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($2,408)

($2,408)

Reduce funds for regular operating expenses.

($30,320)

($30,320)

Provide funds for telecommunications.

$150,000

$150,000

Reduce funds for personal services.

($28,972)

($28,972)

Reduce funds for marketing. (CC:Reduce funds.)

($100,000) ($100,000)

Amount appropriated in this Act

$4,084,460 $4,084,586

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

$955,165

State Funds

$955,165

State General Funds

$955,165

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 29.781%.

State Funds $1,010,892
$8,279

Total Funds $1,010,892
$8,279

5098

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for marketing. Amount appropriated in this Act

$11,556
$18 ($580)
($75,000) $955,165

$11,556
$18 ($580)
($75,000) $955,165

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

$1,238,089

Federal Funds and Grants

$659,400

Federal Funds Not Specifically Identified

$659,400

State Funds

$578,689

State General Funds

$578,689

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)

$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 29.781%.

$5,035

$5,035

Reflect an adjustment in the workers' compensation premium.

$977

$977

Reflect an adjustment in unemployment insurance premiums.

($2,449)

($2,449)

Increase funds for general liability premiums.

$858

$858

Amount appropriated in this Act

$578,689 $1,238,089

22.5. Global Commerce

Purpose: The purpose of this appropriation is to promote Georgia as a state that is appealing to businesses along with being competitive in the international trade market; recruit, retain, and expand businesses in Georgia through a network of statewide and regional project managers, foreign and domestic marketing, and participation in Georgia Allies; help develop international markets for Georgia products and attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing international technical and educational assistance to businesses.

Total Funds

$10,292,005

State Funds

$10,292,005

State General Funds

$10,292,005

TUESDAY, MARCH 27, 2012

5099

The 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

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$75,487

$75,487

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$111,643

$111,643

Reflect an adjustment in telecommunications expenses.

$725

$725

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($5,638)

($5,638)

Consolidate the Business Recruitment and Expansion into the Global Commerce program and transfer funds and 42 positions.

$7,608,241 $7,608,241

Consolidate the International Relations and Trade program into the Global Commerce program and transfer funds and 11 positions.

$2,101,547 $2,101,547

Provide funds for two project managers and operating expenses for the China office. (CC:YES)

$400,000

$400,000

Amount appropriated in this Act

$10,292,005 $10,292,005

22.6. 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.

Total Funds

$14,597,266

Federal Funds and Grants

$250,000

Federal Funds Not Specifically Identified

$250,000

State Funds

$14,347,266

State General Funds

$7,509,822

Tobacco Settlement Funds

$6,837,444

The 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

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$7,989

$7,989

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$10,470

$10,470

Reflect an adjustment in telecommunications expenses.

$48

$48

5100

JOURNAL OF THE HOUSE

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Reduce the contract for Georgia Research Alliance.
Provide contract funds to Georgia Research Alliance for two Eminent Scholars.
Provide contract funds to Georgia Research Alliance for the Distinguished Investigator Program.
Reduce funds for Distinguished Cancer Clinicians and Scientists to fund only existing obligations.
Transfer the Herty Advanced Materials Development Center program from Economic Development to Board of Regents, University System of Georgia. (G:YES) (CC:YES)
Amount appropriated in this Act

($497) ($90,047) $1,500,000 $116,000 ($831,502)
$0

($497) ($90,047) $1,500,000 $116,000 ($831,502)
$0

$14,347,266 $14,597,266

22.7. 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

$0

The 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

Consolidate the International Relations and Trade program into the Global Commerce program and transfer funds and 11 positions.

($2,101,547) ($2,101,547)

Amount appropriated in this Act

$0

$0

22.8. 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

$937,104

Other Funds

$20,244

Other Funds - Not Specifically Identified

$20,244

State Funds

$916,860

State General Funds

$916,860

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 27, 2012

5101

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 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for equipment. Amount appropriated in this Act

State Funds $896,415 $11,018
$15,207
$66 ($746)
($5,100) $916,860

Total Funds $916,659 $11,018
$15,207
$66 ($746)
($5,100) $937,104

22.9. 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 the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to attract more tourism to the state.

Total Funds

$9,310,394

State Funds

$9,310,394

State General Funds

$9,310,394

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$56,057

$56,057

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$81,223

$81,223

Reflect an adjustment in telecommunications expenses.

$729

$729

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($6,135)

($6,135)

Reduce funds for personal services and eliminate two filled positions.

($152,640) ($152,640)

Reduce funds for marketing.

($75,000)

($75,000)

Eliminate state funding support for the Georgia Historical Society. (CC:Reduce funding for the Georgia Historical Society.)

($20,000)

($20,000)

Eliminate state funding support for the Bainbridge Welcome Center. (CC:Reduce funding for the Bainbridge Welcome Center.)

($80,000)

($80,000)

Reduce operating expenses.

($80,000)

($80,000)

5102

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$9,310,394 $9,310,394

The following appropriations are for agencies attached for administrative purposes.

22.10. 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

$175,631

Other Funds

$43,150

Agency Funds

$43,150

State Funds

$132,481

State General Funds

$132,481

The 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

Reflect an adjustment in the workers' compensation premium.

$631

$631

Replace state funds with other funds for operating expenses.

($43,150)

$0

Amount appropriated in this Act

$132,481

$175,631

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

$8,904,053,030 $1,679,798,355 $1,679,798,355
$4,620,465 $4,620,465 $7,168,032,040 $7,168,032,040

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,744.80. 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

TUESDAY, MARCH 27, 2012

5103

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 ($82,254), 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

$93,465,569

Federal Funds and Grants

$60,985,311

Federal Funds Not Specifically Identified

$60,985,311

Other Funds

$2,179,129

Other Funds - Not Specifically Identified

$2,179,129

State Funds

$30,301,129

State General Funds

$30,301,129

The 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 29.781%.

$346,799

$346,799

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$377,338

$377,338

Reflect an adjustment in telecommunications expenses.

$24,082

$24,082

Reflect an adjustment in the workers' compensation premium.

($26,155)

($26,155)

Reflect an adjustment in unemployment insurance premiums.

$14,420

$14,420

Increase funds for general liability premiums.

$46,413

$46,413

Increase funds to reflect an adjustment in PeopleSoft billings.

$49,650

$49,650

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($53,053)

($53,053)

5104

JOURNAL OF THE HOUSE

Provide additional funds for strategic professional development focused on reading in kindergarten through third grade.
Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.
Redirect funds from School Nurses to Central Office for a statewide nursing coordinator based on recommendations by the State Education Finance Study Commission.
Reduce funds for operating expenses. (CC:Reduce funds.)
Increase funds for the American Association of Adapted Sports Programs.
Amount appropriated in this Act

$396,824

$396,824

$62,590 $120,000

$62,590 $120,000

($150,000) $40,000

($150,000) $40,000

$30,301,129 $93,465,569

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)

Redirect remaining planning grants ($40,000) to fund two consultants to work with charter schools. (CC:YES)

$0

$0

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

$933,100

State Funds

$933,100

State General Funds

$933,100

TUESDAY, MARCH 27, 2012

5105

The 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

Amount appropriated in this Act

$933,100

$933,100

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

$1,232,744

State Funds

$1,232,744

State General Funds

$1,232,744

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)

Provide funds for the Global Initiatives Program.

$250,000

$250,000

Amount appropriated in this Act

$1,232,744 $1,232,744

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

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 on-site interaction with a teacher.

5106

JOURNAL OF THE HOUSE

Total Funds

$5,724,169

Other Funds

$1,018,214

Other Funds - Not Specifically Identified

$1,018,214

State Funds

$4,705,955

State General Funds

$4,705,955

The 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 29.781%.

$3,743

$3,743

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$4,073

$4,073

Reduce funds for operating expenses.

($95,856)

($95,856)

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$1,175

$1,175

Amount appropriated in this Act

$4,705,955 $5,724,169

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

$144,000

State Funds

$144,000

State General Funds

$144,000

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)

$144,000

$144,000

Amount appropriated in this Act

$144,000

$144,000

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

$959,839

State Funds

$959,839

State General Funds

$959,839

TUESDAY, MARCH 27, 2012

5107

The 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 29.781%.

$2,621

$2,621

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$2,852

$2,852

Reduce funds for operating expenses.

($9,258)

($9,258)

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$716

$716

Amount appropriated in this Act

$959,839

$959,839

23.11. Information Technology Services

Purpose: The purpose of this appropriation is to provide internet access for local school systems.

Total Funds

$3,321,803

State Funds

$3,321,803

State General Funds

$3,321,803

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,321,803 $3,321,803

Amount appropriated in this Act

$3,321,803 $3,321,803

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)

Transfer funds for Georgia Special Needs Scholarships to the ($10,144,033) ($10,144,033) Quality Basic Education Program.

5108

JOURNAL OF THE HOUSE

Reflect changes in the program purpose statement. (G:YES) (CC:YES)
Amount appropriated in this Act

$0 $6,462,668

$0 $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

$597,481,435

Federal Funds and Grants

$574,888,212

Federal Funds Not Specifically Identified

$574,888,212

State Funds

$22,593,223

State General Funds

$22,593,223

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.

($525,965) ($525,965)

Reflect federal fund receipts.

$0 $550,250,911

Amount appropriated in this Act

$22,593,223 $597,481,435

23.14. Preschool Handicapped

Purpose: The purpose of this appropriation is to provide early educational services to threeand four-year-old students with disabilities so that they enter school better prepared to succeed.

Total Funds

$28,412,355

State Funds

$28,412,355

State General Funds

$28,412,355

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)

$27,891,099 $27,891,099

Reflect actual earnings.

$521,256

$521,256

Amount appropriated in this Act

$28,412,355 $28,412,355

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

$0

TUESDAY, MARCH 27, 2012

5109

The 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

Reduce funds for pupil transportation.

($2,606,214) ($2,606,214)

Transfer funds for Pupil Transportation to the Quality Basic ($127,704,479) ($127,704,479) Education Program.

Amount appropriated in this Act

$0

$0

23.16. Quality Basic Education Equalization

Purpose: The purpose of this appropriation is to provide additional financial assistance to local school systems ranking below the statewide average of per pupil tax wealth as outlined in O.C.G.A. 20-2-165.

Total Funds

$436,158,587

State Funds

$436,158,587

State General Funds

$436,158,587

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$436,158,587 $436,158,587

Reflect revised Equalization earnings for Troup County Public Schools ($500,000) and reduce funds for Clinch County Public Schools ($70,450) based on errors in data submission. (CC:Reallocate equalization earnings based on corrected data from Troup County and Clinch County and fund equalization at $439,939,189 in AFY 2013.)

$0

$0

Amount appropriated in this Act

$436,158,587 $436,158,587

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

$8,183,012,037

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State Funds

$8,183,012,037

State General Funds

$8,183,012,037

The 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 an increase based on 0.36% enrollment growth ($58,686,542) and for training and experience ($55,770,353). (CC:Adjust based on actual enrollment and include $6,746,857 increase to Special Needs Scholarships.)

$112,482,890

$112,482,890

Provide differentiated pay for newly certified math and science teachers.

$2,326,870 $2,326,870

Provide a grant to the State Special Charter Schools.

$8,647,953 $8,647,953

Transfer funds for Nutrition ($15,788,068), Pupil Transportation ($127,704,479), and School Nurses ($30,071,158) into the Quality Basic Education Program. (CC:Transfer funds for Pupil Transportation ($127,704,479) and School Nurses ($29,951,158) into the Quality Basic Education Program.)

$157,655,637

$157,655,637

Reflect an adjustment in the employer share of the Teachers' $72,319,865 $72,319,865 Retirement System from 10.28% to 11.41%.

Transfer funds for Georgia Special Needs Scholarships to the $10,144,033 $10,144,033 Quality Basic Education Program.

Reflect Governor's recommendation to remove funding for charter system grants. (CC:Reflect $3,449,086 in base funding for charter system grants and increase funds for new systems; forward fund $3,449,086 to hold other systems harmless.)

$2,779,606

$2,779,606

Amount appropriated in this Act

$8,183,012,037 $8,183,012,037

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

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Reduce funds for Educational Technology Centers ($60,487) and RESAs' core services ($110,939).
Amount appropriated in this Act

($60,487) $8,510,812

($60,487) $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

$5,199,064

State Funds

$5,199,064

State General Funds

$5,199,064

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$61,724

$61,724

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$67,159

$67,159

Reduce funds for operating expenses.

($100,734) ($100,734)

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$9,234

$9,234

Amount appropriated in this Act

$5,199,064 $5,199,064

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

$0

The 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

Transfer funds for School Nurses to the Quality Basic Education Program. (CC:YES)

($29,951,158) ($29,951,158)

Provide funds for School Nurses based on recommendations by the State Education Finance Study Commission. (CC:Redirect $120,000 to Central Office to fund statewide nursing coordinator based on recommendations by the State Education Finance Study Commission.)

$3,551,638 $3,551,638

Amount appropriated in this Act

$0

$0

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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

$65,085,900

Federal Funds and Grants

$2,972,895

Federal Funds Not Specifically Identified

$2,972,895

State Funds

$62,113,005

State General Funds

$62,113,005

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$64,275,760 $67,248,655

Adjust funding based on declining enrollment. (CC:Adjust based on actual earnings and retirement rate increase.)

($2,162,755) ($2,162,755)

Amount appropriated in this Act

$62,113,005 $65,085,900

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

Reflect changes in the program purpose statement. (G:YES) (CC:YES)

$0

$0

Amount appropriated in this Act

$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

$25,667,246

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Other Funds

$1,423,122

Other Funds - Not Specifically Identified

$1,423,122

State Funds

$24,244,124

State General Funds

$24,244,124

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$302,119

$302,119

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$328,724

$328,724

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$43,405

$43,405

Provide funding for Training and Experience.

$190,757

$190,757

Amount appropriated in this Act

$24,244,124 $25,667,246

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

$30,072,075

Federal Funds and Grants

$16,012,923

Federal Funds Not Specifically Identified

$16,012,923

State Funds

$14,059,152

State General Funds

$14,059,152

The 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. (CC:Reduce operating expenses by one percent.)

($142,012) ($142,012)

Amount appropriated in this Act

$14,059,152 $30,072,075

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.

Total Funds

$30,161,011

Federal Funds and Grants

$16,681,802

Federal Funds Not Specifically Identified

$16,681,802

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State Funds

$13,479,209

State General Funds

$13,479,209

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$13,573,504 $30,255,306

Reduce funds for student testing.

($271,470) ($271,470)

Provide funds for one AP exam for free/reduced lunch students.

$177,175

$177,175

Amount appropriated in this Act

$13,479,209 $30,161,011

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

$46,974,065 $3,346,650 $3,346,650 $26,432,022 $26,432,022 $17,195,393 $17,195,393

It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 14.9% for New Plan employees and 10.15% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 11.54% for the pension portion of the benefit and 3.0% in employer match contributions for the 401(k) portion of the benefit. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $621.31 per member for State Fiscal Year 2013. It is the intent of the General Assembly to fund HB 250, HB 542, SB 286, HB 295, HB 337, HB 424, HB 635, HB 183 and SB 246 (2012 Session).

24.1. Deferred Compensation Purpose: The purpose of this appropriation is to provide excellent service to participants in

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5115

the deferred compensation program for all employees of the state, giving them an effective supplement for their retirement planning.

Total Funds

$3,346,650

Other Funds

$3,346,650

Agency Funds

$3,346,650

The 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 $3,346,840

Decrease other funds for personal services to reflect funding needs.

$0

($190)

Amount appropriated in this Act

$0 $3,346,650

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

$1,703,022

State Funds

$1,703,022

State General Funds

$1,703,022

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,281,784 $1,281,784

Increase funds for the annual required contribution in accordance with the most recent actuarial valuation.

$421,238

$421,238

Amount appropriated in this Act

$1,703,022 $1,703,022

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

$24,729,000

State Funds

$24,729,000

State General Funds

$24,729,000

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)

$15,884,000 $15,884,000

Increase funds for the annual required contribution in accordance with the most recent actuarial valuation.

$8,945,000 $8,945,000

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Increase funds for SB 246 (2012 Session) as required by the actuary, and adjust employer contribution rate from $621.31 to $618.81 per member. (CC:YES)
Amount appropriated in this Act

($100,000) ($100,000) $24,729,000 $24,729,000

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

$17,195,393

Intra-State Government Transfers

$17,195,393

Retirement Payments

$17,195,393

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0 $16,889,336

Increase other funds for personal services ($187,698) and contractual services ($118,359) to reflect an adjustment in the employer rate for the Employees' Retirement System.

$0

$306,057

Increase funds for HB 542 (2012 Session) as required by the actuary. (CC:YES)

$0

$0

Increase funds for HB 250 (2012 Session) as required by the actuary. (CC:YES)

$0

$0

Increase funds for SB 286 (2012 Session) as required by the actuary. (CC:YES)

$0

$0

Increase funds for HB 295 (2012 Session) as required by the actuary. (CC:YES)

$0

$0

Increase funds for HB 337 (2012 Session) as required by the actuary. (CC:YES)

$0

$0

Increase funds for HB 424 (2012 Session) as required by the actuary. (CC:YES)

$0

$0

Increase funds for HB 635 (2012 Session) as required by the actuary. (CC:YES)

$0

$0

Increase funds for HB 183 (2012 Session) as required by the actuary. (CC:YES)

$0

$0

Amount appropriated in this Act

$0 $17,195,393

Section 25: Forestry Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified

$43,043,952 $5,754,274 $5,754,274

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5117

Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$6,798,795 $474,661
$6,324,134 $30,440,883 $30,440,883
$50,000 $50,000

25.1. Commission Administration

Purpose: The purpose of this appropriation is to administer workforce needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation.

Total Funds

$3,480,023

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

$3,371,335

State General Funds

$3,371,335

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)

$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 29.781%.

$35,177

$35,177

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$42,952

$42,952

Reflect an adjustment in telecommunications expenses.

($2,535)

($2,535)

Reflect an adjustment in the workers' compensation premium.

($9,005)

($9,005)

Reflect an adjustment in unemployment insurance premiums.

$19,757

$19,757

Increase funds for general liability premiums.

$4,984

$4,984

Increase funds to reflect an adjustment in PeopleSoft billings.

$9,832

$9,832

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($2,966)

($2,966)

Amount appropriated in this Act

$3,371,335 $3,480,023

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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

$6,516,477

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

$2,132,169

State General Funds

$2,132,169

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 29.781%.

$29,131

$29,131

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$78,940

$78,940

Reflect an adjustment in telecommunications expenses.

($594)

($594)

Reflect an adjustment in the workers' compensation premium.

($18,305)

($18,305)

Reflect an adjustment in unemployment insurance premiums.

$3,034

$3,034

Increase funds for general liability premiums.

$10,132

$10,132

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($6,452)

($6,452)

Eliminate one vacant position. (CC:Reduce funds and maintain position count.)

($63,439)

($63,439)

Amount appropriated in this Act

$2,132,169 $6,516,477

25.3. Forest Protection Purpose: The purpose of this appropriation is to ensure an aggressive and efficient response

TUESDAY, MARCH 27, 2012

5119

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

$31,840,372

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

$24,937,379

State General Funds

$24,937,379

The 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 29.781%.

$298,723

$298,723

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$385,272

$385,272

Reflect an adjustment in telecommunications expenses.

($5,606)

($5,606)

Reflect an adjustment in the workers' compensation premium.

($113,379) ($113,379)

Reflect an adjustment in unemployment insurance premiums.

$18,930

$18,930

Increase funds for general liability premiums.

$62,756

$62,756

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($39,301)

($39,301)

Delete one-time funds provided in FY 2012 to comply with the narrow banding license requirement of the Federal Communications Commission.

($146,000) ($146,000)

Transfer funds and 13 positions from the Georgia Aviation Authority.

$1,482,928 $1,482,928

Amount appropriated in this Act

$24,937,379 $31,840,372

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

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Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified

$133,717 $1,073,363 $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 Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$174,616,781 $112,189,184
$3,814,350 $108,374,834
$4,823,134 $100,000
$4,723,134 $57,604,463 $57,604,463

There is hereby appropriated to the Office of the Governor the sum of $500,000 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

$22,578,261

State Funds

$22,578,261

State General Funds

$22,578,261

The 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 for an increase from $18,232,355 to $27,228,603 for the interest payment in the Unemployment Trust Fund loan due September 30, 2012. (CC:Reflect payment based on the revised federal interest rate.)

$876,330

$876,330

Amount appropriated in this Act

$22,578,261 $22,578,261

26.2. Governor's Office Purpose: The purpose of this appropriation is to provide numerous duties including, but not

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5121

limited to: granting commissions, appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per O.C.G.A. 45-7-4 shall be $40,000.

Total Funds

$6,087,885

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$5,987,885

State General Funds

$5,987,885

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)

$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 29.781%.

$68,797

$68,797

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$83,414

$83,414

Reflect an adjustment in telecommunications expenses.

$10,918

$10,918

Reflect an adjustment in the workers' compensation premium.

$10,378

$10,378

Reflect an adjustment in unemployment insurance premiums.

$11,430

$11,430

Increase funds for general liability premiums.

$11,395

$11,395

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($4,231)

($4,231)

Reduce funds for operating expenses.

($118,281) ($118,281)

Amount appropriated in this Act

$5,987,885 $6,087,885

26.3. Governor's Office of Planning and Budget

Purpose: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies.

Total Funds

$8,043,611

State Funds

$8,043,611

State General Funds

$8,043,611

The 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 29.781%.

$71,788

$71,788

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Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for operating expenses. Provide new contract funding for the preparation of legislative fiscal notes. (CC:Provide $200,000 for CVIOG and $100,000 for Georgia State Fiscal Research Center for the preparation of legislative fiscal notes.) Amount appropriated in this Act

$100,853
($187,459) $7,727
$1,928 $8,434 $9,318 ($157,755) $300,000
$8,043,611

$100,853
($187,459) $7,727
$1,928 $8,434 $9,318 ($157,755) $300,000
$8,043,611

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

$931,287

Federal Funds and Grants

$89,558

Federal Funds Not Specifically Identified

$89,558

Other Funds

$25

Other Funds - Not Specifically Identified

$25

State Funds

$841,704

State General Funds

$841,704

The 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 29.781%.

$9,459

$9,459

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$11,943

$11,943

Reflect an adjustment in telecommunications expenses.

$1,473

$1,473

Reflect an adjustment in the workers' compensation premium.

$796

$796

Reflect an adjustment in unemployment insurance premiums.

$670

$670

Increase funds for general liability premiums.

$1,129

$1,129

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5123

Reduce regular operating expenses based on projected expenditures. Replace state funds with federal funds. Amount appropriated in this Act

($10,508)
($6,150) $841,704

($10,508)
($6,150) $931,287

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

$13,621,668

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

$2,906,072

State General Funds

$2,906,072

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,089,999 $11,805,595

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$11,994

$11,994

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$10,545

$10,545

Reflect an adjustment in telecommunications expenses.

($915)

($915)

Reflect an adjustment in the workers' compensation premium.

$4,396

$4,396

Reflect an adjustment in unemployment insurance premiums.

($6,383)

($6,383)

Increase funds for general liability premiums.

$2,941

$2,941

Reduce funds available for implementing new Community Strategy grants.

($59,224)

($59,224)

Provide funding for final year of community based grants.

$1,852,719 $1,852,719

Amount appropriated in this Act

$2,906,072 $13,621,668

26.6. Emergency Management Agency, Georgia
Purpose: The purpose of this appropriation is to provide 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.

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Total Funds

$32,619,065

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

$2,108,027

State General Funds

$2,108,027

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$50,811

$50,811

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$29,852

$29,852

Reflect an adjustment in telecommunications expenses.

$36,455

$36,455

Reflect an adjustment in the workers' compensation premium.

($8,525)

($8,525)

Reflect an adjustment in unemployment insurance premiums.

$3,460

$3,460

Increase funds for general liability premiums.

$2,872

$2,872

Reduce the contract for the Civil Air Patrol.

($20,267)

($20,267)

Amount appropriated in this Act

$2,108,027 $32,619,065

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

$880,461

Federal Funds and Grants

$407,000

Federal Funds Not Specifically Identified

$407,000

State Funds

$473,461

State General Funds

$473,461

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)

$473,351

$880,351

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$7,942

$7,942

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$9,551

$9,551

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5125

Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funding for personal services. Amount appropriated in this Act

($12,178) $1,791
$1,323 $1,148 ($9,467) $473,461

($12,178) $1,791
$1,323 $1,148 ($9,467) $880,461

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

$6,367,278

Federal Funds and Grants

$411,930

Federal Funds Not Specifically Identified

$411,930

Other Funds

$500

Other Funds - Not Specifically Identified

$500

State Funds

$5,954,848

State General Funds

$5,954,848

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$80,063

$80,063

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$101,043

$101,043

Reflect an adjustment in telecommunications expenses.

($3,054)

($3,054)

Reflect an adjustment in the workers' compensation premium.

$16,244

$16,244

Reflect an adjustment in unemployment insurance premiums.

$6,486

$6,486

Increase funds for general liability premiums.

$11,826

$11,826

Eliminate one position due to retirement.

($101,618) ($101,618)

Reduce funds for contractual services.

($15,162)

($15,162)

Increase funds for additional rent expenses.

$20,000

$20,000

Amount appropriated in this Act

$5,954,848 $6,367,278

26.9. Governor's Office of Consumer Protection
Purpose: The purpose of this appropriation is to protect consumers and legitimate business enterprises from unfair and deceptive business practices through the enforcement of the Fair

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Business Practices Act and other related consumer protection statutes.

Total Funds

$7,097,318

Other Funds

$1,414,753

Agency Funds

$100,000

Other Funds - Not Specifically Identified

$1,314,753

State Funds

$5,682,565

State General Funds

$5,682,565

The 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 29.781%.

$56,967

$56,967

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$100,709

$100,709

Reflect an adjustment in telecommunications expenses.

($69,824)

($69,824)

Reflect an adjustment in the workers' compensation premium.

$11,282

$11,282

Reflect an adjustment in unemployment insurance premiums.

$5,459

$5,459

Increase funds for general liability premiums.

$10,035

$10,035

Reduce funds for operations.

($50,000)

($50,000)

Reduce contractual services.

($67,579)

($67,579)

Replace state funds with other funds.

($58,437)

($58,437)

Transfer 19 positions from the State Personnel Administration for call center support and 1-800-Georgia operations. (G:YES) (CC:YES)

$0

$0

Annualize reduction for customer service.

($135,000) ($135,000)

Increase appropriation of Lemon Law funds per O.C.G.A. 10-1-791 based on expenditures. (CC:YES)

$0

$100,000

Amount appropriated in this Act

$5,682,565 $7,097,318

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:

TUESDAY, MARCH 27, 2012

5127

Amount from prior Appropriation Act (HB78)
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. (CC:YES)
Amount appropriated in this Act

State Funds $0 $0

Total Funds $5,196,851 $68,165,067

$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

$572,486

State Funds

$572,486

State General Funds

$572,486

The 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 29.781%.

$6,831

$6,831

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$11,192

$11,192

Reflect an adjustment in telecommunications expenses.

$1,902

$1,902

Reflect an adjustment in the workers' compensation premium.

$814

$814

Reflect an adjustment in unemployment insurance premiums.

$571

$571

Increase funds for general liability premiums.

$715

$715

Reduce operating expenses ($2,351) and computer charges ($2,900).

($5,251)

($5,251)

Amount appropriated in this Act

$572,486

$572,486

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

$2,455,543

State Funds

$2,455,543

State General Funds

$2,455,543

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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)

$828,189

$828,189

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$13,489

$13,489

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$6,428

$6,428

Reflect an adjustment in telecommunications expenses.

$305

$305

Reflect an adjustment in the workers' compensation premium.

$685

$685

Reflect an adjustment in unemployment insurance premiums.

$711

$711

Increase funds for general liability premiums.

$1,001

$1,001

Reduce funds for personal services.

($16,564)

($16,564)

Reduce funds for real estate rentals.

($20,000)

($20,000)

Provide funds for a reading mentor program.

$1,641,299 $1,641,299

Amount appropriated in this Act

$2,455,543 $2,455,543

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 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

$1,532,130,928 $970,550,993 $2,508,661 $24,701,907 $17,282,159 $77,146,122 $24,827,737 $62,991,462 $200,470 $52,945,653 $9,551,600 $321,190,139 $377,205,083 $56,880,714 $2,841,500 $54,039,214 $491,702,876 $485,511,070 $6,191,806 $12,996,345

TUESDAY, MARCH 27, 2012

5129

Medicaid Services Payments - Other Agencies Other Intra-State Government Payments

$8,500,000 $4,496,345

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 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 prescreening families and providing support and financial services after adoption.

Total Funds

$88,607,444

Federal Funds and Grants

$54,303,665

Temporary Assistance for Needy Families Block Grant

$16,400,000

Federal Funds Not Specifically Identified

$37,903,665

Other Funds

$46,500

Other Funds - Not Specifically Identified

$46,500

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State Funds

$34,257,279

State General Funds

$34,257,279

The 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 29.781%.

$22,532

$22,532

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$17,177

$17,177

Reflect an adjustment in the workers' compensation premium.

($427)

($427)

Reflect an adjustment in unemployment insurance premiums.

$1,086

$1,086

Increase funds for general liability premiums.

$2,407

$2,407

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($1,834)

($1,834)

Provide funds to reflect change in the federal participation

$157,219

$0

rate from 65.95% to 65.71%.

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant.

$0 ($600,000)

Amount appropriated in this Act

$34,257,279 $88,607,444

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

Federal Funds Not Specifically Identified

$150,000

27.3. 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

$0

TUESDAY, MARCH 27, 2012

5131

The 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

Amount appropriated in this Act

$0

$0

27.4. 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

$2,220,406

Federal Funds and Grants

$638,414

Foster Care Title IV-E

$638,414

State Funds

$1,581,992

State General Funds

$1,581,992

The 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

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$26,544

$26,544

Replace TANF funds in the Child Care Licensing program with state funds to maximize Title IV-E funding.

$1,555,448 $2,193,862

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental Grant.

$0 ($2,193,862)

Amount appropriated in this Act

$1,581,992 $2,220,406

27.5. Child Care Services

Purpose: The purpose of this appropriation is to permit low-income families to be self-reliant while protecting the safety and well-being of their children by ensuring access to child care.

Total 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)

$54,234,300 $225,254,561

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Transfer the Child Care Services program to the Department ($54,234,300) ($225,254,561) of Early Care and Learning.

Amount appropriated in this Act

$0

$0

27.6. Child Support Services

Purpose: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

Total Funds

$99,083,589

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

$24,606,037

State General Funds

$24,606,037

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 29.781%.

$248,431

$248,431

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$653,664

$653,664

Reflect an adjustment in telecommunications expenses.

$25,853

$25,853

Reflect an adjustment in the workers' compensation premium.

($16,232)

($16,232)

Reflect an adjustment in unemployment insurance premiums.

$41,316

$41,316

Increase funds for general liability premiums.

$91,610

$91,610

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($69,779)

($69,779)

Replace state funds with incentive funds for operating expenses in the Child Support Services program.

($1,511,264) ($2,933,630)

Amount appropriated in this Act

$24,606,037 $99,083,589

27.7. 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.

TUESDAY, MARCH 27, 2012

5133

Total Funds

$252,686,570

Federal Funds and Grants

$151,667,451

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

$80,600,000

Federal Funds Not Specifically Identified

$29,441,489

Other Funds

$152,208

Other Funds - Not Specifically Identified

$152,208

State Funds

$92,366,911

State General Funds

$92,366,911

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 29.781%.

$955,063

$955,063

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,585,415

$1,585,415

Reflect an adjustment in the workers' compensation premium.

($39,371)

($39,371)

Reflect an adjustment in unemployment insurance premiums.

$100,211

$100,211

Increase funds for general liability premiums.

$222,192

$222,192

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($169,243) ($169,243)

Reclassify TANF Transfers to Social Services Block Grant as TANF. (G:YES) (CC:YES)

$0

$0

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant.

$0 ($10,831,915)

Investigate alternative, standardized reporting mechanisms for DFCS and report findings to the Georgia General Assembly by January 1, 2013. (CC:YES)

$0

$0

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Amount appropriated in this Act

$92,366,911 $252,686,570

27.8. 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

27.9. 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

Community Service Block Grant

$17,189,183

27.10. 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

$98,957,109

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

$37,586,501

State General Funds

$37,586,501

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:

TUESDAY, MARCH 27, 2012

5135

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 29.781%.
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Reflect an adjustment in telecommunications expenses.
Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums.
Increase funds for general liability premiums.
Increase funds to reflect an adjustment in PeopleSoft billings.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Reduce state funds for regular operating ($173,342), contracts ($266,434) and computer charges ($228,981).
Replace other funds with state funds for the Electronic Benefits System (EBT).
Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant.
Increase funds for the Liberty County DFCS Office.
Amount appropriated in this Act

State Funds $34,666,911
$496,427 $252,088
$9,970 ($6,260) $15,934 $35,329 $57,615 ($26,910) ($668,757) $2,704,154
$0
$50,000 $37,586,501

Total Funds $99,499,097
$496,427 $252,088
$9,970 ($6,260) $15,934 $35,329 $57,615 ($26,910) ($933,061) $2,704,154 ($3,197,274)
$50,000 $98,957,109

27.11. 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

$0

The 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

Amount appropriated in this Act

$0

$0

27.12. Division of Rehabilitation Administration Purpose: The purpose of this appropriation is to help people with disabilities to become fully

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JOURNAL OF THE HOUSE

productive members of society by achieving independence and meaningful employment.

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

Amount appropriated in this Act

$0

$0

27.13. 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

$17,785,855

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

$14,212,422

State General Funds

$14,212,422

The 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 29.781%.

$160,861

$160,861

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$136,954

$136,954

Reflect an adjustment in telecommunications expenses.

$5,416

$5,416

Reflect an adjustment in the workers' compensation premium.

($3,401)

($3,401)

Reflect an adjustment in unemployment insurance premiums.

$8,657

$8,657

Increase funds for general liability premiums.

$19,194

$19,194

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($14,620)

($14,620)

Provide state funds to replace the loss of civil monetary

$1,611,520

$0

penalty funds.

Amount appropriated in this Act

$14,212,422 $17,785,855

27.14. 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.

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5137

Total Funds

$113,222,242

Federal Funds and Grants

$41,435,324

Medical Assistance Program

$13,765,259

Social Services Block Grant

$3,761,430

Federal Funds Not Specifically Identified

$23,908,635

State Funds

$71,786,918

State General Funds

$66,713,041

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 29.781%.

$7,281

$7,281

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$8,357

$8,357

Reflect an adjustment in telecommunications expenses.

$330

$330

Reflect an adjustment in the workers' compensation premium.

($208)

($208)

Reflect an adjustment in unemployment insurance premiums.

$528

$528

Increase funds for general liability premiums.

$1,171

$1,171

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($892)

($892)

Provide funds to reflect change in federal participation rate from 65.95% to 65.71%.

$295,431

$295,431

Use Balancing Incentive Payment Program payments to invest in home and community-based services options in Medicaid. (CC:YES)

$0

$0

Amount appropriated in this Act

$71,786,918 $113,222,242

27.15. 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

$8,720,517

Federal Funds and Grants

$5,866,268

Federal Funds Not Specifically Identified

$5,866,268

State Funds

$2,854,249

State General Funds

$1,736,320

Tobacco Settlement Funds

$1,117,929

5138

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)

$2,847,024 $8,713,292

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$6,500

$6,500

Reflect an adjustment in telecommunications expenses.

$257

$257

Reflect an adjustment in the workers' compensation premium.

($160)

($160)

Reflect an adjustment in unemployment insurance premiums.

$411

$411

Increase funds for general liability premiums.

$911

$911

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($694)

($694)

Amount appropriated in this Act

$2,854,249 $8,720,517

27.16. 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

27.17. 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

$14,085,964

Federal Funds and Grants

$2,283,514

Preventive Health and Health Services Block Grant

$200,470

Federal Funds Not Specifically Identified

$2,083,044

State Funds

$11,802,450

State General Funds

$11,802,450

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)

$1,655,000 $13,786,459

TUESDAY, MARCH 27, 2012

5139

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant.
Replace TANF funds with state funds.
Provide federal funds for sexual assault centers.
Increase funds for family violence centers.
Amount appropriated in this Act

$0 ($200,965)

$9,847,450 $0
$300,000 $11,802,450

$0 $200,470 $300,000 $14,085,964

27.18. 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 loss of federal funds.

$0 ($8,705,939)

Amount appropriated in this Act

$0

$0

27.19. 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

$221,241,645

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

$103,489,119

State General Funds

$103,489,119

5140

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)

$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 29.781%.

$1,305,315

$1,305,315

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,982,349

$1,982,349

Reflect an adjustment in telecommunications expenses.

$141,783

$141,783

Reflect an adjustment in the workers' compensation premium.

($49,228)

($49,228)

Reflect an adjustment in unemployment insurance premiums.

$125,301

$125,301

Increase funds for general liability premiums.

$277,821

$277,821

Increase funds to reflect an adjustment in PeopleSoft billings.

$13,757

$13,757

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($211,616) ($211,616)

Amount appropriated in this Act

$103,489,119 $221,241,645

27.20. 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

$86,561,488

Federal Funds and Grants

$86,561,488

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

$25,787,600

The 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

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, 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 ($15,298,832)

TUESDAY, MARCH 27, 2012

5141

Amount appropriated in this Act

$0 $86,561,488

27.21. 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

$0

The 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

Amount appropriated in this Act

$0

$0

27.22. 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

$194,511,601

Federal Funds and Grants

$126,874,488

Foster Care Title IV-E

$35,083,824

Temporary Assistance for Needy Families Block Grant

$91,734,359

Federal Funds Not Specifically Identified

$56,305

State Funds

$67,637,113

State General Funds

$67,637,113

The 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

Provide funds to reflect change in federal participation rate

$123,530

$0

from 65.95% in FY 2012 to 65.71% in FY 2013.

Provide state funds for an increase in out-of-home care utilization.

$3,896,572 $4,976,153

Replace TANF funds with state funds.

$3,989,641 ($458,517)

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant.

$0 ($2,562,582)

Increase funds for KidsPeace.

$50,000

$50,000

5142

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$67,637,113 $194,511,601

27.23. 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

Federal Funds and Grants

$8,749,006

Federal Funds Not Specifically Identified

$8,749,006

27.24. Roosevelt Warm Springs Institute

Purpose: The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

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

Amount appropriated in this Act

$0

$0

27.25. 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:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$100,000 $52,500,415

TUESDAY, MARCH 27, 2012

5143

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant.
Relocate DFCS offices to leased space to align facilities with the department's prioritized facility needs for the following counties: Carroll, Glynn, Gwinnett, Fulton and Banks. (CC:YES)
Amount appropriated in this Act

$0 ($1,018,054)

$0

$0

$100,000 $51,482,361

27.26. Support for Needy Families - Work Assistance

Purpose: The purpose of this appropriation is to assist needy Georgian families in achieving 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

Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant.

$0

($33,000)

Amount appropriated in this Act

$0 $21,725,483

27.27. Vocational Rehabilitation

Purpose: The purpose of this appropriation is to assist people with disabilities so that they may go to work.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5144

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB78)
Increase funds to maintain reductions for contract funds for specialized services at two percent. (CC:Reflected in Georgia Vocational Rehabilitation Agency.)
Reduce funds to eliminate one contract. (CC:Reflected in Georgia Vocational Rehabilitation Agency.)
Increase funds for the Speech, Hearing, and Rehabilitation Enterprise of Coastal Georgia Inc. contract. (CC:Reflected in Georgia Vocational Rehabilitation Agency.)
Amount appropriated in this Act

State Funds $0 $0
$0 $0
$0

Total Funds $0 $0
$0 $0
$0

The following appropriations are for agencies attached for administrative purposes.

27.28. 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

$205,127

State Funds

$205,127

State General Funds

$205,127

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$3,259

$3,259

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$3,816

$3,816

Amount appropriated in this Act

$205,127

$205,127

27.29. 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

$9,754,007

Federal Funds and Grants

$721,782

Medical Assistance Program

$721,782

State Funds

$9,032,225

State General Funds

$9,032,225

TUESDAY, MARCH 27, 2012

5145

The 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.

($19,921)

($39,842)

Reduce county collaborative contracts.

($139,920) ($139,920)

Replace Temporary Assistance for Needy Families (TANF)

$1,200,000

$0

funds with state funds.

Amount appropriated in this Act

$9,032,225 $9,754,007

27.30. Georgia Vocational Rehabilitation Agency

Purpose: The purpose of this appropriation is to assist people with disabilities so that they may go to work.

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

Amount appropriated in this Act

$0

$0

27.31. Georgia Vocational Rehabilitation Agency: 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

$2,233,740

Federal Funds and Grants

$1,966,085

Federal Funds Not Specifically Identified

$1,966,085

State Funds

$267,655

State General Funds

$267,655

The 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

Transfer funds and 20 positions from the Department of Labor for administering the Business Enterprise Program.

$267,655 $2,233,740

Amount appropriated in this Act

$267,655 $2,233,740

27.32. Georgia Vocational Rehabilitation Agency: Departmental 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

$3,736,937

5146

JOURNAL OF THE HOUSE

Federal Funds and Grants

$2,335,411

Federal Funds Not Specifically Identified

$2,335,411

State Funds

$1,401,526

State General Funds

$1,401,526

The 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

Transfer funds and 45 positions from the Department of Labor for administering the Division of Rehabilitation Administration.

$1,401,526 $3,736,937

Amount appropriated in this Act

$1,401,526 $3,736,937

27.33. Georgia Vocational Rehabilitation Agency: 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

The 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

Transfer funds and 569 positions from the Department of Labor to process applications for federal disability programs.

$0 $55,598,820

Amount appropriated in this Act

$0 $55,598,820

27.34. Georgia Vocational Rehabilitation Agency: 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

Other Funds - Not Specifically Identified

$11,828,888

The 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

Transfer funds, 20 positions, and 15 motor vehicles from the Department of Labor for administering the Georgia Industries for the Blind program.

$0 $11,828,888

TUESDAY, MARCH 27, 2012

5147

Amount appropriated in this Act

$0 $11,828,888

27.35. Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Institute

Purpose: The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

Total Funds

$31,366,429

Federal Funds and Grants

$6,989,289

Federal Funds Not Specifically Identified

$6,989,289

Other Funds

$18,893,087

Other Funds - Not Specifically Identified

$18,893,087

State Funds

$5,484,053

State General Funds

$5,484,053

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$0

$0

Transfer funds, 491 positions, and 44 vehicles from the Department of Labor for administering the Roosevelt Warm Springs Institute.

$5,484,053 $31,366,429

Amount appropriated in this Act

$5,484,053 $31,366,429

27.36. Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program

Purpose: The purpose of this appropriation is to assist people with disabilities so that they may go to work.

Total Funds

$79,504,668

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

$13,031,299

State General Funds

$13,031,299

The 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

Transfer funds, 779 positions, and 12 motor vehicles for administering the Vocational Rehabilitation program.

$12,851,140 $79,324,509

Maintain reductions in contracts for specialized services at two percent.

$180,159

$180,159

Reduce funds to eliminate one contract.

($54,145)

($54,145)

5148

JOURNAL OF THE HOUSE

Increase funds for Speech, Hearing, and Rehabilitation Enterprise of Coastal Georgia Inc. contract.
Amount appropriated in this Act

$54,145

$54,145

$13,031,299 $79,504,668

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

$21,191,813 $2,126,966 $2,126,966
$97,232 $81,806 $15,426 $18,967,615 $18,967,615

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

$1,699,506

State Funds

$1,699,506

State General Funds

$1,699,506

The 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 29.781%.

$26,329

$26,329

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$29,664

$29,664

Reflect an adjustment in telecommunications expenses.

($294)

($294)

Reflect an adjustment in the workers' compensation premium.

($4,984)

($4,984)

Reflect an adjustment in unemployment insurance premiums.

$1,824

$1,824

Increase funds for general liability premiums.

$1,475

$1,475

Increase funds to reflect an adjustment in PeopleSoft billings.

$320

$320

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($2,602)

($2,602)

Amount appropriated in this Act

$1,699,506 $1,699,506

TUESDAY, MARCH 27, 2012

5149

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

$743,485

State Funds

$743,485

State General Funds

$743,485

The 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 29.781%.

$8,635

$8,635

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$13,029

$13,029

Reflect an adjustment in telecommunications expenses.

($129)

($129)

Reflect an adjustment in the workers' compensation premium.

($2,189)

($2,189)

Reflect an adjustment in unemployment insurance premiums.

$801

$801

Increase funds for general liability premiums.

$648

$648

Increase funds to reflect an adjustment in PeopleSoft billings.

$140

$140

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($1,143)

($1,143)

Amount appropriated in this Act

$743,485

$743,485

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

$8,623,416

Federal Funds and Grants

$1,123,107

Federal Funds Not Specifically Identified

$1,123,107

Other Funds

$97,232

Agency Funds

$81,806

Other Funds - Not Specifically Identified

$15,426

State Funds

$7,403,077

State General Funds

$7,403,077

5150

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)

$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 29.781%.

$51,860

$51,860

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$71,598

$71,598

Reflect an adjustment in telecommunications expenses.

($710)

($710)

Reflect an adjustment in the workers' compensation premium.

($12,030)

($12,030)

Reflect an adjustment in unemployment insurance premiums.

$4,403

$4,403

Increase funds for general liability premiums.

$3,559

$3,559

Increase funds to reflect an adjustment in PeopleSoft billings.

$772

$772

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($6,281)

($6,281)

Transfer funds and 63 positions from the Department of Labor to the Commissioner of Insurance for safety inspections.

$3,312,904 $3,481,456

Amount appropriated in this Act

$7,403,077 $8,623,416

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

$646,000

State Funds

$646,000

State General Funds

$646,000

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)

$628,338

$628,338

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$7,975

$7,975

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$11,312

$11,312

Reflect an adjustment in telecommunications expenses.

($112)

($112)

Reflect an adjustment in the workers' compensation premium.

($1,901)

($1,901)

Reflect an adjustment in unemployment insurance premiums.

$696

$696

Increase funds for general liability premiums.

$562

$562

TUESDAY, MARCH 27, 2012

5151

Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act

$122 ($992)
$646,000

$122 ($992)
$646,000

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

$6,041,694

Federal Funds and Grants

$1,003,859

Federal Funds Not Specifically Identified

$1,003,859

State Funds

$5,037,835

State General Funds

$5,037,835

The 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 29.781%.

$70,938

$70,938

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$93,805

$93,805

Reflect an adjustment in telecommunications expenses.

($930)

($930)

Reflect an adjustment in the workers' compensation premium.

($15,761)

($15,761)

Reflect an adjustment in unemployment insurance premiums.

$5,768

$5,768

Increase funds for general liability premiums.

$4,663

$4,663

Increase funds to reflect an adjustment in PeopleSoft billings.

$1,012

$1,012

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($8,229)

($8,229)

Reduce personal services by eliminating two vacant positions. (CC:Maintain position count.)

($101,450) ($101,450)

Reduce computer charges by removing one-time funding for upgrades.

($222,461) ($222,461)

Remove one-time funding appropriated in FY 2012. (CC:Reflect in the Special Fraud program.)

$0

$0

Amount appropriated in this Act

$5,037,835 $6,041,694

5152

JOURNAL OF THE HOUSE

28.6. Special Fraud

Purpose: The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

Total Funds

$3,437,712

State Funds

$3,437,712

State General Funds

$3,437,712

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)

$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 29.781%.

$41,273

$41,273

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$70,856

$70,856

Reflect an adjustment in telecommunications expenses.

($702)

($702)

Reflect an adjustment in the workers' compensation premium.

($11,905)

($11,905)

Reflect an adjustment in unemployment insurance premiums.

$4,357

$4,357

Increase funds for general liability premiums.

$3,522

$3,522

Increase funds to reflect an adjustment in PeopleSoft billings.

$764

$764

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($6,216)

($6,216)

Remove one-time funding appropriated in HB 78 (2011 Session).

($600,000) ($600,000)

Amount appropriated in this Act

$3,437,712 $3,437,712

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

$128,256,527 $27,148,061 $27,148,061 $20,892,198 $20,892,198 $80,216,268 $80,216,268

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.

TUESDAY, MARCH 27, 2012

5153

Total Funds

$7,305,139

Federal Funds and Grants

$30,000

Federal Funds Not Specifically Identified

$30,000

State Funds

$7,275,139

State General Funds

$7,275,139

The 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 29.781%.

$92,627

$92,627

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$127,586

$127,586

Reflect an adjustment in the workers' compensation premium.

($13,205)

($13,205)

Reflect an adjustment in unemployment insurance premiums.

$1,182

$1,182

Increase funds for general liability premiums.

$7,736

$7,736

Increase funds to reflect an adjustment in PeopleSoft billings.

$1,728

$1,728

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($4,041)

($4,041)

Reflect an adjustment in telecommunications expenses.

($625,585) ($625,585)

Amount appropriated in this Act

$7,275,139 $7,305,139

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

$10,314,319

Federal Funds and Grants

$181,425

Federal Funds Not Specifically Identified

$181,425

Other Funds

$3,979,373

Other Funds - Not Specifically Identified

$3,979,373

State Funds

$6,153,521

State General Funds

$6,153,521

The 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

5154

JOURNAL OF THE HOUSE

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums.
Increase funds for general liability premiums.
Increase funds to reflect an adjustment in PeopleSoft billings.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Transfer funds to Forensic Scientific Services to retain 27 scientific positions previously funded with federal funds and use other funds for program expenses.
Amount appropriated in this Act

$71,250
$98,141
($10,157)
$911 $5,951 $1,329 ($3,108)
($989,069)

$71,250
$98,141
($10,157)
$911 $5,951 $1,329 ($3,108)
$0

$6,153,521 $10,314,319

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

$26,797,206

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

$26,558,210

State General Funds

$26,558,210

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)

$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 29.781%.

$279,200

$279,200

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$384,574

$384,574

Reflect an adjustment in the workers' compensation premium.

($39,803)

($39,803)

Reflect an adjustment in unemployment insurance premiums.

$3,570

$3,570

TUESDAY, MARCH 27, 2012

5155

Increase funds for general liability premiums.
Increase funds to reflect an adjustment in PeopleSoft billings.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Provide $220,000 in state funds and transfer $989,069 from Criminal Justice Information Services to retain 27 scientific positions previously funded with federal funds. (CC:Increase funds.)
Increase funds to initiate a law enforcement career ladder within Forensic Scientific Services.
Provide for additional scientists and equipment for drug testing as required by HB 1176 (2012 Session), Criminal Justice Reform for Georgians.
Amount appropriated in this Act

$23,319 $5,208
($12,179) $1,409,069
$1,045,000 $1,200,000
$26,558,210

$23,319 $5,208
($12,179) $1,409,069
$1,045,000 $1,200,000
$26,797,206

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

$29,690,254

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

$28,244,689

State General Funds

$28,244,689

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)

$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 29.781%.

$302,887

$302,887

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$417,201

$417,201

Reflect an adjustment in the workers' compensation premium.

($43,180)

($43,180)

Reflect an adjustment in unemployment insurance premiums.

$3,873

$3,873

Increase funds for general liability premiums.

$25,297

$25,297

5156

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in PeopleSoft billings.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Reduce funds for personal services due to attrition. (CC:Fill and retain positions.)
Increase funds to initiate a law enforcement career ladder within Regional Investigative Services.
Transfer four full-time and one part-time investigator from the Sexual Offender Review Board to Regional Investigative Services. (CC:YES)
Amount appropriated in this Act

$5,650 ($13,212)
$0 $1,388,400
$239,235
$28,244,689

$5,650 ($13,212)
$0 $1,388,400
$239,235
$29,690,254

29.5. 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

$0

The 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

Increase funds to reflect the adjustment in the employer share

$0

$0

of the State Health Benefit Plan from 27.363% to 29.781%.

Increase funds to reflect an adjustment in the employer share

$0

$0

of the Employees' Retirement System.

Convert two part-time evaluators and one clerk to full-time employees. (CC:Reflect in the Department of Behavioral Health and Developmental Disabilities.)

$0

$0

Amount appropriated in this Act

$0

$0

The following appropriations are for agencies attached for administrative purposes.

29.6. Criminal Justice Coordinating Council

Purpose: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants.

Total Funds

$54,149,609

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

$11,984,709

TUESDAY, MARCH 27, 2012

5157

State General Funds

$11,984,709

The 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 29.781%.

$6,069

$6,069

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$4,155

$4,155

Reflect an adjustment in telecommunications expenses.

$2,718

$2,718

Reflect an adjustment in the workers' compensation premium.

$731

$731

Reflect an adjustment in unemployment insurance premiums.

($353)

($353)

Increase funds for general liability premiums.

$247

$247

Reduce funding for temporary labor contracts.

($6,887)

($6,887)

Provide funds for a grant program for local entities for new and existing Accountability Courts. (CC:Provide funds and transfer existing Judicial Council grant funds to support new and existing Accountability Courts, as follows: $9,383,682 for felony accountability courts; $1,500,000 for DUI, family, and juvenile courts, and $750,000 for collaborative pilot projects with the Department of Corrections. No administrative fees shall be received by CJCC for administering these funds.)

$11,633,682

$11,633,682

Amount appropriated in this Act

$11,984,709 $54,149,609

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

$307,508,388 $1,524,955 $1,524,955 $5,236,299 $5,236,299
$300,747,134 $300,747,134

30.1. Community Services
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

5158

JOURNAL OF THE HOUSE

alternative program.

Total Funds

$90,485,015

Other Funds

$1,724,638

Other Funds - Not Specifically Identified

$1,724,638

State Funds

$88,760,377

State General Funds

$88,760,377

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)

$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 29.781%.

$674,481

$674,481

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$955,991

$955,991

Reflect an adjustment in the workers' compensation premium.

$244,486

$244,486

Reflect an adjustment in unemployment insurance premiums.

$7,357

$7,357

Increase funds for general liability premiums.

$184,632

$184,632

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($64,201)

($64,201)

Consolidate the Community Supervision program and Community Non-Secure Commitment program into the new Community Services program.

$53,264,403 $53,615,561

Transfer funds from Secure Detention (RYDCs) and Community Supervision to Administration, Community Services, and Secure Commitment (YDCs) to align budget to projected expenditures.

$1,937,059

$1,937,059

Provide 50 non-secure residential beds. (CC:Provide beds at the Savannah River Challenge Program.)

$2,737,500 $2,737,500

Create 60 new Evening Reporting Center placements.

$576,000

$576,000

Amount appropriated in this Act

$88,760,377 $90,485,015

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 27, 2012

5159

Amount from prior Appropriation Act (HB78)
Consolidate the Community Supervision program and Community Non-Secure Commitment program into the new Community Services program.
Eliminate one full-time quality assurance specialist position based on workload realignment.
Reduce funding for personal services as a result of turnover.
Consolidate six High Intensity Team Supervision (HITS) units based on caseload and eliminate 24 full-time positions.
Replace state funds with Targeted Case Management funding.
Eliminate two contracted eligibility specialist positions based on current workload.
Transfer funds from Secure Detention (RYDCs) and Community Supervision to Administration, Community Services, and Secure Commitment (YDCs) to align budget to projected expenditures.
Eliminate one full-time position due to reorganization.
Amount appropriated in this Act

State Funds $56,348,348 ($53,264,403)
($43,113) ($1,512,400)
($944,059) ($351,158) ($48,000) ($128,313)
($56,902) $0

Total Funds $56,348,348 ($53,615,561)
($43,113) ($1,512,400)
($944,059) $0
($48,000) ($128,313)
($56,902) $0

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

$27,494,052

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

$26,944,170

State General Funds

$26,944,170

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)

$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 29.781%.

$211,016

$211,016

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$305,917

$305,917

Reflect an adjustment in telecommunications expenses.

($61,511)

($61,511)

5160

JOURNAL OF THE HOUSE

Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Eliminate one full-time training development specialist position due to reorganization. Reduce training costs based on technological efficiencies.
Increase turnover savings. Recognize telecommunications cost efficiencies.
Transfer funds from Secure Detention (RYDCs) and Community Supervision to Administration, Community Services, and Secure Commitment (YDCs) to align budget to projected expenditures.
Eliminate one part-time training clerk position based on workload realignment.
Eliminate one full-time and three part-time positions based on workload realignment.
Amount appropriated in this Act

$78,235
$2,354 $59,082 $45,761 ($20,544)
($52,160)
($70,000) ($31,306) ($500,000) $208,109
($15,299)
($81,561)
$26,944,170

$78,235
$2,354 $59,082 $45,761 ($20,544)
($52,160)
($70,000) ($31,306) ($500,000) $208,109
($15,299)
($81,561)
$27,494,052

30.4. Secure Commitment (YDCs)

Purpose: The purpose of this appropriation is to protect the public and hold youth accountable for their actions, and provide secure care and supervision of youth including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody, sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440.

Total Funds

$84,070,263

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

$81,513,332

State General Funds

$81,513,332

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$688,217

$688,217

TUESDAY, MARCH 27, 2012

5161

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums.
Increase funds for general liability premiums.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Eliminate 11 full-time administrative positions and part-time Mental Health Clerks and three full-time Social Service Provider II positions at Augusta, Macon, and Eastman YDCs.
Eliminate two full-time Juvenile Probation and Parole Specialist II positions at Sumter YDC.
Eliminate six full-time positions based on workload realignment.
Maintain required staff ratio and eliminate four full-time and 16 part-time educational support positions.
Transfer funds from Secure Detention (RYDCs) and Community Supervision to Administration, Community Services, and Secure Commitment (YDCs) to align budget to projected expenditures.
Provide funds for two Security Management and Response Teams (SMART).
Provide operating expenses for the Atlanta YDC.
Amount appropriated in this Act

$955,991 $244,485
$7,357 $184,631 ($64,201) ($225,636)
($86,628) ($91,650) ($310,137) $729,400
$1,049,241 $7,763,584 $81,513,332

$955,991 $244,485
$7,357 $184,631 ($64,201) ($225,636)
($86,628) ($91,650) ($310,137) $729,400
$1,049,241 $7,763,584 $84,070,263

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.

Total Funds

$105,459,058

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

$103,529,255

State General Funds

$103,529,255

5162

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)

$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 29.781%.

$1,151,868

$1,151,868

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,606,065

$1,606,065

Reflect an adjustment in the workers' compensation premium.

$410,736

$410,736

Reflect an adjustment in unemployment insurance premiums.

$12,360

$12,360

Increase funds for general liability premiums.

$310,181

$310,181

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($107,857) ($107,857)

Maintain required staff ratio and eliminate four full-time and 16 part-time educational support positions.

($328,874)

($328,874)

Eliminate ten full-time and six part-time clerical positions due to technological efficiencies.

($365,360) ($365,360)

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)

Amount appropriated in this Act

$103,529,255 $105,459,058

Section 31: Labor, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$136,831,603 $122,284,919 $122,284,919 $14,406,411
$14,406,411 $140,273 $140,273

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 27, 2012

5163

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 29.781%.
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Reflect an adjustment in telecommunications expenses.
Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums.
Increase funds for general liability premiums.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Reduce funds for computer charges to reflect projected expenditures.
Transfer funds and 20 positions from the Department of Labor to the Department of Human Services for administering the Business Enterprise program. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.)
Amount appropriated in this Act

State Funds $290,261 $1,779

Total Funds $2,256,346
$1,779

$3,715

$3,715

$140 ($89)

$140 ($89)

($76) $209 ($284)

($76) $209 ($284)

($28,000)

($28,000)

($267,655) ($2,233,740)

$0

$0

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

$33,270,947

Federal Funds and Grants

$31,312,292

Federal Funds Not Specifically Identified

$31,312,292

State Funds

$1,818,382

State General Funds

$1,818,382

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 29.781%.

$14,634

$14,634

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$22,798

$22,798

5164

JOURNAL OF THE HOUSE

Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce grant funds to reflect projected expenditures for implementation of the Workforce Investment Act. Amount appropriated in this Act

$860 ($538)

$860 ($538)

($469) $1,285 ($1,745)

($469) $1,285 ($1,745)

$0 ($6,611,644)

$1,818,382 $33,270,947

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

$0

The 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 $55,598,820

Transfer funds and 569 positions from the Department of Labor to the Department of Human Services to process applications for federal disability programs. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.)

$0 ($55,598,820)

Amount appropriated in this Act

$0

$0

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

$0

The 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 29.781%.

$8,003

$8,003

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$19,216

$19,216

Reflect an adjustment in telecommunications expenses.

$724

$724

Increase funds for general liability premiums.

$1,082

$1,082

TUESDAY, MARCH 27, 2012

5165

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Transfer funds to the Board of Regents for the Georgia Statewide Consortium of Technology contract and Tools for Life.
Transfer funds and 45 positions from the Department of Labor to the Department of Human Services for administering the Division of Rehabilitation Administration. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.)
Amount appropriated in this Act

($1,471) ($127,613)

($1,471) ($705,720)

($1,401,526) ($3,736,937)

$0

$0

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

$0

The 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 $11,828,888

Transfer funds, 20 positions, and 15 motor vehicles from the Department of Labor to the Department of Human Services for administering the Georgia Industries for the Blind program. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.)

$0 ($11,828,888)

Amount appropriated in this Act

$0

$0

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

Federal Funds and Grants

$2,249,873

Federal Funds Not Specifically Identified

$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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5166

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 29.781%.
Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Reflect an adjustment in telecommunications expenses.
Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums.
Increase funds for general liability premiums.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Transfer funds, 491 positions, and 44 vehicles from the Department of Labor to the Department of Human Services for administering the Roosevelt Warm Springs Institute. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.)
Amount appropriated in this Act

State Funds $5,349,131
$69,142

Total Funds $31,231,507
$69,142

$68,454

$68,454

$2,580 ($2,072)

$2,580 ($2,072)

($1,800) $3,856
($5,238)

($1,800) $3,856
($5,238)

($5,484,053) ($31,366,429)

$0

$0

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

$0

The 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

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$35,158

$35,158

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$41,430

$41,430

Reflect an adjustment in telecommunications expenses.

$1,561

$1,561

Reflect an adjustment in the workers' compensation premium.

($980)

($980)

Reflect an adjustment in unemployment insurance premiums.

($851)

($851)

Increase funds for general liability premiums.

$2,334

$2,334

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($3,170)

($3,170)

TUESDAY, MARCH 27, 2012

5167

Transfer funds and 63 positions from the Department of Labor to the Department of Agriculture for safety inspections. (CC:Transfer to the Department of Insurance.)
Amount appropriated in this Act

($3,312,904) ($3,481,456)

$0

$0

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

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,789,691 $54,962,877

Utilize existing state funds to pay the Unemployment Trust Fund loan interest and maximize federal funds for program operations. (G:YES) (CC:YES)

$0

$0

Amount appropriated in this Act

$5,789,691 $54,962,877

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

$0

The 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 29.781%.

$111,519

$111,519

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$169,271

$169,271

Reflect an adjustment in telecommunications expenses.

$6,379

$6,379

Reflect an adjustment in the workers' compensation premium.

($4,002)

($4,002)

Reflect an adjustment in unemployment insurance premiums.

($3,481)

($3,481)

Increase funds for general liability premiums.

$9,535

$9,535

5168

JOURNAL OF THE HOUSE

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Reduce contract funds for specialized services.
Reduce funds for personal services.
Transfer funds, 779 positions, and 12 motor vehicles to the Department of Human Services for administering the Vocational Rehabilitation program. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.)
Amount appropriated in this Act

($12,954)

($12,954)

($472,111) ($472,111) ($180,159) ($180,159) ($12,851,140) ($79,324,509)

$0

$0

31.11. Workforce Solutions

Purpose: The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development.

Total Funds

$46,347,906

Federal Funds and Grants

$39,549,568

Federal Funds Not Specifically Identified

$39,549,568

State Funds

$6,798,338

State General Funds

$6,798,338

The 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 29.781%.

$97,062

$97,062

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$157,883

$157,883

Reflect an adjustment in telecommunications expenses.

$5,950

$5,950

Reflect an adjustment in the workers' compensation premium.

($3,733)

($3,733)

Reflect an adjustment in unemployment insurance premiums.

($3,245)

($3,245)

Increase funds for general liability premiums.

$8,894

$8,894

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($12,082)

($12,082)

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)

Rename the Workforce Development program to Workforce Solutions. (G:YES) (CC:YES)

$0

$0

Amount appropriated in this Act

$6,798,338 $46,347,906

TUESDAY, MARCH 27, 2012

5169

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

$59,813,688 $3,597,990 $3,597,990 $37,377,433 $37,377,433 $18,838,265 $18,838,265

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

$55,077,929

Other Funds

$37,375,322

Other Funds - Not Specifically Identified

$37,375,322

State Funds

$17,702,607

State General Funds

$17,702,607

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)

$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 29.781%.

$265,146

$265,146

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$399,290

$399,290

Reflect an adjustment in telecommunications expenses.

$30,071

$30,071

Reflect an adjustment in the workers' compensation premium.

$414

$414

Reflect an adjustment in unemployment insurance premiums.

($8,051)

($8,051)

Increase funds for general liability premiums.

$54,678

$54,678

Increase funds to reflect an adjustment in PeopleSoft billings.

$5,770

$5,770

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($12,068)

($12,068)

Hire two time-limited attorney positions to handle the backlog of cases pertaining to Atlanta Public Schools.

$205,282

$205,282

Increase funds for one position.

$105,000

$105,000

Amount appropriated in this Act

$17,702,607 $55,077,929

5170

JOURNAL OF THE HOUSE

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

$4,735,759

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

$1,135,658

State General Funds

$1,135,658

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$5,358

$5,358

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$25,870

$25,870

Reflect an adjustment in telecommunications expenses.

$1,948

$1,948

Reflect an adjustment in the workers' compensation premium.

$27

$27

Reflect an adjustment in unemployment insurance premiums.

($522)

($522)

Increase funds for general liability premiums.

$3,543

$3,543

Increase funds to reflect an adjustment in PeopleSoft billings.

$374

$374

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($782)

($782)

Amount appropriated in this Act

$1,135,658 $4,735,759

Section 33: Natural Resources, 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 Prior Year Funds - Other State Funds

$254,045,653 $54,114,156
$11,607 $54,102,549 $107,876,398 $57,028,515 $50,743,970
$103,913 $92,055,099

TUESDAY, MARCH 27, 2012

5171

State General Funds

$92,055,099

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 19 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 19 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

$6,695,482

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

$2,114,490

State General Funds

$2,114,490

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)

$2,114,213 $6,695,205

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$29,979

$29,979

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$30,809

$30,809

Reflect an adjustment in telecommunications expenses.

$13,600

$13,600

Reflect an adjustment in the workers' compensation premium.

($2,504)

($2,504)

Reflect an adjustment in unemployment insurance premiums.

$2,582

$2,582

5172

JOURNAL OF THE HOUSE

Increase funds for general liability premiums.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Eliminate state funds for the Georgia Outdoors TV program and replace with funds raised through private donations.
Reduce funds for personal services to reflect projected expenditures.
Amount appropriated in this Act

$3,877 ($1,497) ($8,375) ($68,194) $2,114,490

$3,877 ($1,497) ($8,375) ($68,194) $6,695,482

33.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department.

Total Funds

$11,708,339

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

$11,559,274

State General Funds

$11,559,274

The 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 29.781%.

$159,531

$159,531

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$163,948

$163,948

Reflect an adjustment in telecommunications expenses.

$72,365

$72,365

Reflect an adjustment in the workers' compensation premium.

($13,327)

($13,327)

Reflect an adjustment in unemployment insurance premiums.

$13,741

$13,741

Increase funds for general liability premiums.

$20,632

$20,632

Increase funds to reflect an adjustment in PeopleSoft billings.

$31,216

$31,216

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($7,967)

($7,967)

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 and eliminate one filled position.

($95,646)

($95,646)

Amount appropriated in this Act

$11,559,274 $11,708,339

TUESDAY, MARCH 27, 2012

5173

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 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

$115,818,187

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

$25,928,053

State General Funds

$25,928,053

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$351,273

$351,273

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$360,998

$360,998

Reflect an adjustment in telecommunications expenses.

$159,362

$159,362

Reflect an adjustment in the workers' compensation premium.

($29,345)

($29,345)

Reflect an adjustment in unemployment insurance premiums.

$30,256

$30,256

Increase funds for general liability premiums.

$45,429

$45,429

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($17,543)

($17,543)

Reduce funds for personal services to reflect projected expenditures and eliminate five filled positions.

$104,538

$104,538

Increase funds for the Georgia Water Policy Center in southwest Georgia.

$150,000

$150,000

5174

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$25,928,053 $115,818,187

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

$3,397,423

State Funds

$3,397,423

State General Funds

$3,397,423

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)

$2,999,880 $2,999,880

Provide funds to pay local government reimbursements.

$397,543

$397,543

Amount appropriated in this Act

$3,397,423 $3,397,423

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

$2,327,450

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

$1,306,663

State General Funds

$1,306,663

The 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 29.781%.

$19,645

$19,645

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$20,189

$20,189

Reflect an adjustment in telecommunications expenses.

$8,913

$8,913

TUESDAY, MARCH 27, 2012

5175

Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services and eliminate three positions. (CC:Reduce funds.) Reduce funds for operating expenses. Amount appropriated in this Act

($1,641)
$1,692 $2,541 ($981)
($110,984)
($18,182) $1,306,663

($1,641)
$1,692 $2,541 ($981)
($110,984)
($18,182) $2,327,450

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

$56,881,301

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

$13,696,318

State General Funds

$13,696,318

The 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

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$188,410

$188,410

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$193,626

$193,626

Reflect an adjustment in telecommunications expenses.

$85,476

$85,476

Reflect an adjustment in the workers' compensation premium.

($15,740)

($15,740)

Reflect an adjustment in unemployment insurance premiums.

$16,228

$16,228

Increase funds for general liability premiums.

$24,366

$24,366

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($9,410)

($9,410)

Eliminate state funds for the Georgia Outdoors TV program and replace with funds raised through private donations.

($14,656)

($14,656)

Reduce funds for personal services to reflect projected expenditures and eliminate five filled positions.

($325,644) ($325,644)

5176

JOURNAL OF THE HOUSE

Increase funds to initiate law enforcement career ladder within Parks, Recreation and Historic Sites.
Amount appropriated in this Act

$266,310

$266,310

$13,696,318 $56,881,301

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

$1,923,479

State Funds

$1,923,479

State General Funds

$1,923,479

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)

$1,042,075 $1,042,075

Provide funds for solid waste management. (CC:Utilize at least $700,000 of total program budget for tire clean up.)

$881,404

$881,404

Amount appropriated in this Act

$1,923,479 $1,923,479

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

$55,082,099

Federal Funds and Grants

$13,937,944

TUESDAY, MARCH 27, 2012

5177

Federal Funds Not Specifically Identified

$13,937,944

Other Funds

$9,014,756

Other Funds - Not Specifically Identified

$9,014,756

State Funds

$32,129,399

State General Funds

$32,129,399

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)

$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 29.781%.

$478,327

$478,327

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$491,569

$491,569

Reflect an adjustment in telecommunications expenses.

$217,011

$217,011

Reflect an adjustment in the workers' compensation premium.

($39,959)

($39,959)

Reflect an adjustment in unemployment insurance premiums.

$41,199

$41,199

Increase funds for general liability premiums.

$61,860

$61,860

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($23,889)

($23,889)

Reduce funds for personal services to reflect projected expenditures and eliminate seven filled and five vacant positions.

($333,015) ($333,015)

Eliminate state funds for the Georgia Outdoors TV program and replace with funds raised through private donations.

($35,594)

($35,594)

Transfer funds and four positions from the Georgia Aviation Authority to the Department of Natural Resources.

$744,140

$744,140

Increase funds to initiate law enforcement career ladder in the Wildlife Resources division.

$833,690

$833,690

Amount appropriated in this Act

$32,129,399 $55,082,099

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:

5178

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB78) Delete one-time funds for the Georgia State Games Commission. Amount appropriated in this Act

State Funds $25,000
($25,000)

Total Funds $25,000
($25,000)

$0

$0

Section 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$54,687,821 $806,050 $806,050
$53,881,771 $53,881,771

34.1. Board Administration

Purpose: The purpose of this appropriation is to provide administrative support for the agency.

Total Funds

$4,952,894

State Funds

$4,952,894

State General Funds

$4,952,894

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$4,986,734 $4,986,734

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$45,753

$45,753

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$66,126

$66,126

Reflect an adjustment in telecommunications expenses.

($21,939)

($21,939)

Reflect an adjustment in the workers' compensation premium.

($7,350)

($7,350)

Reflect an adjustment in unemployment insurance premiums.

($12,047)

($12,047)

Increase funds for general liability premiums.

$69,477

$69,477

Increase funds to reflect an adjustment in PeopleSoft billings.

$7,908

$7,908

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($2,768)

($2,768)

Transfer $120,779 and one position to Clemency Decisions, and transfer $58,221 and one position to Parole Supervision to better align function and budget.

($179,000) ($179,000)

Amount appropriated in this Act

$4,952,894 $4,952,894

TUESDAY, MARCH 27, 2012

5179

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

$11,610,330

State Funds

$11,610,330

State General Funds

$11,610,330

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$174,001

$174,001

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$223,368

$223,368

Reflect an adjustment in telecommunications expenses.

($6,051)

($6,051)

Reflect an adjustment in the workers' compensation premium.

($31,439)

($31,439)

Reflect an adjustment in unemployment insurance premiums.

($2,916)

($2,916)

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($11,323)

($11,323)

Transfer funds and 74 investigator positions from Parole Supervision to Clemency Decisions to better align function and budget.

$3,805,796 $3,805,796

Transfer $363,934 and four positions from Parole Supervision and transfer $120,779 and one position from Board Administration to better align function and budget.

$484,713

$484,713

Transfer funds and five positions to the Probation Supervision program of the Department of Corrections to implement a joint call service center.

($233,610) ($233,610)

Amount appropriated in this Act

$11,610,330 $11,610,330

34.3. Parole Supervision

Purpose: The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution.

Total Funds

$37,673,614

Federal Funds and Grants

$806,050

Federal Funds Not Specifically Identified

$806,050

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State Funds

$36,867,564

State General Funds

$36,867,564

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$425,791

$425,791

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$622,821

$622,821

Reflect an adjustment in telecommunications expenses.

($26,635)

($26,635)

Reflect an adjustment in the workers' compensation premium.

($90,320)

($90,320)

Reflect an adjustment in unemployment insurance premiums.

($8,377)

($8,377)

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($35,477)

($35,477)

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)

Realize savings due to parole office relocation to stateowned space.

($50,642)

($50,642)

Reduce funds for contracts.

($4,290)

($4,290)

Transfer funds and 74 investigator positions to Clemency Decisions to better align function and budget.

($3,805,796) ($3,805,796)

Transfer funds and four positions to Clemency Decisions to better align function and budget.

($363,934) ($363,934)

Transfer funds and one position from Board Administration to better align function and budget.

$58,221

$58,221

Provide funds for 20 additional parole officers to implement re-entry supervision for offenders who will serve their maximum sentence.

$1,000,000 $1,000,000

Reduce funds for parolee jail subsidy to reflect projected expenditures.

($77,637)

($77,637)

Amount appropriated in this Act

$36,867,564 $37,673,614

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 for victims to the state corrections system.

Total Funds

$450,983

TUESDAY, MARCH 27, 2012

5181

State Funds

$450,983

State General Funds

$450,983

The 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 29.781%.

$5,203

$5,203

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$7,388

$7,388

Reflect an adjustment in telecommunications expenses.

($613)

($613)

Reflect an adjustment in the workers' compensation premium.

($973)

($973)

Reflect an adjustment in unemployment insurance premiums.

($103)

($103)

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($372)

($372)

Amount appropriated in this Act

$450,983

$450,983

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.

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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 payments 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. (G:YES) (CC:YES)

$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

$40,740,824 $340,000 $340,000
$40,400,824 $40,400,824

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

$6,345,496

Other Funds

$340,000

Other Funds - Not Specifically Identified

$340,000

State Funds

$6,005,496

State General Funds

$6,005,496

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)

$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 29.781%.

$70,825

$70,825

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$102,481

$102,481

Reflect an adjustment in telecommunications expenses.

$9,545

$9,545

Reflect an adjustment in the workers' compensation premium.

$11,866

$11,866

Reflect an adjustment in unemployment insurance premiums.

($42)

($42)

Increase funds for general liability premiums.

$2,123

$2,123

TUESDAY, MARCH 27, 2012

5183

Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services due to attrition. Reduce funds for operating expenses. Amount appropriated in this Act

$434 ($7,036)
($98,707) ($10,089) $6,005,496

$434 ($7,036)
($98,707) ($10,089) $6,345,496

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

$34,395,328

State Funds

$34,395,328

State General Funds

$34,395,328

The 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 29.781%.

$399,031

$399,031

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$580,727

$580,727

Reflect an adjustment in telecommunications expenses.

$5,140

$5,140

Reflect an adjustment in the workers' compensation premium.

$67,238

$67,238

Reflect an adjustment in unemployment insurance premiums.

($238)

($238)

Increase funds for general liability premiums.

$12,032

$12,032

Increase funds to reflect an adjustment in PeopleSoft billings.

$2,457

$2,457

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($39,873)

($39,873)

Reduce funding to the opt-out circuits to match agency-wide reductions.

($4,578)

($4,578)

Provide funds for additional expenses associated with conflict cases.

$565,070

$565,070

Provide funding for two additional Assistant Public Defender positions in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013. (CC:Provide funding for two additional Assistant Public Defender positions in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013. )

$53,303

$53,303

Amount appropriated in this Act

$34,395,328 $34,395,328

5184

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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

$684,337,564 $464,862,810 $20,031,465
$2,912,917 $2,026,075 $10,404,530 $429,487,823 $1,203,500
$692,524 $510,976 $218,182,965 $2,396,580 $203,773,265 $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

$37,046,030

Federal Funds and Grants

$27,807,367

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

$10,404,530

Federal Funds Not Specifically Identified

$17,173,639

Other Funds

$335,000

Other Funds - Not Specifically Identified

$335,000

State Funds

$8,903,663

State General Funds

$3,751,224

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

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$16,610

$16,610

TUESDAY, MARCH 27, 2012

5185

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reduce funds for personal services. Realign TANF funds to recognize the federal loss of the TANF Supplemental grant. Reduce grant-in-aid funds for pilot projects. Replace TANF funds for a youth development coordinator position. Amount appropriated in this Act

$28,759

$28,759

($107,047) ($107,047) $0 ($3,525,830)

($80,000) $69,985

($80,000) $69,985

$8,903,663 $37,046,030

37.2. Adult Essential Health Treatment Services

Purpose: The purpose of this appropriation is to provide treatment and services to lowincome Georgians with cancer, and Georgians at risk of stroke or heart attacks.

Total Funds

$7,450,183

Federal Funds and Grants

$225,197

Preventive Health and Health Services Block Grant

$225,197

State Funds

$7,224,986

State General Funds

$611,737

Tobacco Settlement Funds

$6,613,249

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$7,231,809 $7,457,006

Reduce funds for personal services.

($6,823)

($6,823)

Amount appropriated in this Act

$7,224,986 $7,450,183

37.3. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all departmental programs.

Total Funds

$27,575,113

Federal Funds and Grants

$7,082,398

Medical Assistance Program

$1,807,258

Federal Funds Not Specifically Identified

$5,275,140

State Funds

$20,492,715

State General Funds

$20,360,920

Tobacco Settlement Funds

$131,795

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 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Provide funds for leased space to replace the Macon district public health office being sold in FY 2012. Amount appropriated in this Act

State Funds $19,813,683
$218,736
$366,058
($396,593) ($75,112)
$29,237 $210,321
$15,943 ($39,475)
$349,917
$20,492,715

Total Funds $26,896,081
$218,736
$366,058
($396,593) ($75,112)
$29,237 $210,321
$15,943 ($39,475)
$349,917
$27,575,113

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

$43,917,924

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

$2,753,939

State General Funds

$2,753,939

The 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 29.781%.

$32,505

$32,505

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$51,835

$51,835

Reduce funds for personal services.

($80,000)

($80,000)

TUESDAY, MARCH 27, 2012

5187

Provide one-time funds to evaluate a real-time interactive web-based quality assessment and assurance system utilizing American Association of Neurological Surgeons (AANS) approved evidence-based medicine for Traumatic Brain Injury.
Amount appropriated in this Act

$350,000

$350,000

$2,753,939 $43,917,924

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

$9,169,085

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

$4,164,813

State General Funds

$4,049,176

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:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,863,497 $8,867,769

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$17,776

$17,776

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$25,384

$25,384

Reduce funds for personal services.

($91,844)

($91,844)

Increase funds for tuberculosis detection, prevention, and treatment.

$350,000

$350,000

Amount appropriated in this Act

$4,164,813 $9,169,085

37.6. Immunization

Purpose: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance.

Total Funds

$10,054,841

Federal Funds and Grants

$7,549,716

Preventive Health and Health Services Block Grant

$500,000

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Federal Funds Not Specifically Identified

$7,049,716

State Funds

$2,505,125

State General Funds

$2,505,125

The 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 29.781%.

$4,147

$4,147

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$3,265

$3,265

Reduce funds for operating expenses.

($186,826) ($186,826)

Amount appropriated in this Act

$2,505,125 $10,054,841

37.7. Infant and Child Essential Health Treatment Services

Purpose: The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children.

Total Funds

$48,714,228

Federal Funds and Grants

$26,559,457

Maternal and Child Health Services Block Grant

$8,655,982

Federal Funds Not Specifically Identified

$17,903,475

Other Funds

$75,000

Other Funds - Not Specifically Identified

$75,000

State Funds

$22,079,771

State General Funds

$22,079,771

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$22,361,045 $48,858,002

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$25,126

$25,126

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$40,719

$40,719

Reduce funds for personal services.

($9,619)

($9,619)

Replace state funds with federal funds for auditory verbal

($137,500)

$0

therapy services.

Reduce funds for Regional Tertiary Care center contracts.

($200,000) ($200,000)

Amount appropriated in this Act

$22,079,771 $48,714,228

TUESDAY, MARCH 27, 2012

5189

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

$299,072,641

Federal Funds and Grants

$286,749,107

Maternal and Child Health Services Block Grant

$10,623,280

Medical Assistance Program

$119,108

Federal Funds Not Specifically Identified

$276,006,719

Other Funds

$49,137

Agency Funds

$49,137

State Funds

$12,203,708

State General Funds

$12,203,708

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 29.781%.

$29,750

$29,750

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$49,676

$49,676

Reduce grant-in-aid funds for nurse case management.

($200,000) ($200,000)

Realign TANF funds to recognize the federal loss of the TANF Supplemental grant.

$0 ($2,800,000)

Increase funds to maintain screening and home visit services for low birth weight newborns, newborns at risk of developmental delays, and cases of abuse and neglect in the Children 1st program due to the loss of TANF Supplemental grant.

$2,200,000 $2,200,000

Amount appropriated in this Act

$12,203,708 $299,072,641

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

$90,876,565

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

$30,499,493

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State General Funds

$30,499,493

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)

$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 29.781%.

$105,780

$105,780

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$184,253

$184,253

Provide funds to continue routine HIV and syphilis testing.

$421,736

$421,736

Reduce funds for personal services.

($70,000)

($70,000)

Amount appropriated in this Act

$30,499,493 $90,876,565

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

$5,160,588

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

$3,571,617

State General Funds

$3,571,617

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$31,691

$31,691

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$58,318

$58,318

Amount appropriated in this Act

$3,571,617 $5,160,588

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

$82,845,330

TUESDAY, MARCH 27, 2012

5191

Federal Funds and Grants

$986,551

Medical Assistance Program

$986,551

State Funds

$81,858,779

State General Funds

$81,858,779

The 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 29.781%.

$2,666,152

$2,666,152

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$5,024,515

$5,024,515

Fund the first and second year phase-in for the new grant-inaid formula to hold harmless all counties.

$2,517,334 $2,517,334

Amount appropriated in this Act

$81,858,779 $82,845,330

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

$4,121,242

Federal Funds and Grants

$530,680

Federal Funds Not Specifically Identified

$530,680

State Funds

$3,590,562

State General Funds

$3,590,562

The 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 29.781%.

$34,961

$34,961

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$61,622

$61,622

Reduce funds for operating expenses.

($45,000)

($45,000)

Amount appropriated in this Act

$3,590,562 $4,121,242

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

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brain or spinal cord injuries.

Total Funds

$2,396,580

State Funds

$2,396,580

Brain and Spinal Injury Trust Fund

$2,396,580

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)

$1,933,708 $1,933,708

Reduce funds to reflect FY 2011 collections.

($37,128)

($37,128)

Increase Brain and Spinal Injury Trust Funds to allow for additional awards to Georgia residents with brain and spinal injuries.

$500,000

$500,000

Amount appropriated in this Act

$2,396,580 $2,396,580

37.14. Georgia Trauma Care Network Commission

Purpose: The purpose of this appropriation is to stabilize and strengthen the state's trauma system, and act as the accountability mechanism for distribution of funds appropriated for trauma system improvement.

Total Funds

$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 ($1,719,682) ($1,719,682) Speeder and license reinstatement fees.

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 State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$181,446,204 $38,498,171 $38,498,171 $10,361,966 $10,361,966 $119,496,578 $119,496,578 $13,089,489 $13,089,489

TUESDAY, MARCH 27, 2012

5193

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

$3,488,878

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

$3,114,878

State General Funds

$3,114,878

The 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 29.781%.

$22,682

$22,682

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$45,618

$45,618

Reflect an adjustment in the workers' compensation premium.

($8,980)

($8,980)

Reflect an adjustment in unemployment insurance premiums.

($153)

($153)

Increase funds for general liability premiums.

$6,835

$6,835

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($2,860)

($2,860)

Transfer funds from the Georgia Aviation Authority to the Department of Public Safety.

$529,750

$529,750

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

$3,114,878 $3,488,878

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

5194

JOURNAL OF THE HOUSE

Other Intra-State Government Payments

$6,897,999

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

$8,500,595

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

$8,249,014

State General Funds

$8,249,014

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 29.781%.

$91,796

$91,796

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$160,936

$160,936

Reflect an adjustment in the workers' compensation premium.

($31,681)

($31,681)

Reflect an adjustment in unemployment insurance premiums.

($541)

($541)

Increase funds for general liability premiums.

$24,113

$24,113

Increase funds to reflect an adjustment in PeopleSoft billings.

$19,556

$19,556

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($10,091)

($10,091)

Amount appropriated in this Act

$8,249,014 $8,500,595

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

$1,656,488

State Funds

$1,602,488

State General Funds

$1,602,488

Intra-State Government Transfers

$54,000

TUESDAY, MARCH 27, 2012

5195

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 29.781%.

$23,458

$23,458

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$42,839

$42,839

Reflect an adjustment in the workers' compensation premium.

($8,433)

($8,433)

Reflect an adjustment in unemployment insurance premiums.

($144)

($144)

Increase funds for general liability premiums.

$6,419

$6,419

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($2,686)

($2,686)

Amount appropriated in this Act

$1,602,488 $1,656,488

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

$96,506,225

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

$77,541,397

State General Funds

$77,541,397

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 29.781%.

$936,739

$936,739

5196

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Provide for increased fuel costs for trooper patrol vehicles. Reserve FY 2013 trooper attrition funds for equipment and personal services for graduates of the FY 2012 trooper schools. (CC:YES) Amount appropriated in this Act

$1,715,421
$605,789 ($337,682)
($5,773) $257,023 ($107,558)
$900,000 $0
$77,541,397

$1,715,421
$605,789 ($337,682)
($5,773) $257,023 ($107,558)
$900,000 $0
$96,506,225

38.6. Motor Carrier Compliance

Purpose: The purpose of this appropriation is to provide inspection, regulation, and enforcement for size, weight, and safety standards as well as traffic and criminal laws for commercial motor carriers, limousines, non-consensual tow trucks, household goods movers, all buses, and large passenger vehicles as well as providing High Occupancy Vehicle and High Occupancy Toll lane use restriction enforcement.

Total Funds

$23,405,263

Federal Funds and Grants

$6,699,743

Federal Funds Not Specifically Identified

$6,699,743

Other Funds

$6,580,387

Other Funds - Not Specifically Identified

$6,580,387

State Funds

$10,125,133

State General Funds

$10,125,133

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)

$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 29.781%.

$124,091

$124,091

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$232,721

$232,721

Reflect an adjustment in the workers' compensation premium.

($45,811)

($45,811)

Reflect an adjustment in unemployment insurance premiums.

($783)

($783)

Increase funds for general liability premiums.

$34,869

$34,869

TUESDAY, MARCH 27, 2012

5197

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Transfer the transportation regulatory functions and three positions from the Public Service Commission. (CC:YES)
Amount appropriated in this Act

($14,592)

($14,592)

$172,795

$242,955

$10,125,133 $23,405,263

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

$3,274,853

State Funds

$3,274,853

State General Funds

$3,274,853

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$50,673

$50,673

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$84,521

$84,521

Reflect an adjustment in the workers' compensation premium.

($16,638)

($16,638)

Reflect an adjustment in unemployment insurance premiums.

($284)

($284)

Increase funds for general liability premiums.

$12,664

$12,664

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($5,299)

($5,299)

Amount appropriated in this Act

$3,274,853 $3,274,853

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

$1,502,013

State Funds

$1,502,013

State General Funds

$1,502,013

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5198

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 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for program operations based on projected expenditures. Amount appropriated in this Act

State Funds $1,459,734
$19,499
$33,577
($6,610)
($113) $5,031 ($2,105)
($7,000)
$1,502,013

Total Funds $1,459,734
$19,499
$33,577
($6,610)
($113) $5,031 ($2,105)
($7,000)
$1,502,013

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 firefighters.

Total Funds

$635,005

State Funds

$635,005

State General Funds

$635,005

The 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 29.781%.

$9,836

$9,836

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$17,401

$17,401

Reflect an adjustment in the workers' compensation premium.

($9)

($9)

Reflect an adjustment in unemployment insurance premiums.

($735)

($735)

Increase funds for general liability premiums.

$412

$412

Reduce personal services and operating expenses. (CC:Reflect savings by moving towards web-based operations.)

($16,000)

($16,000)

TUESDAY, MARCH 27, 2012

5199

Amount appropriated in this Act

$635,005

$635,005

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

$18,532,152

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

$368,599

State General Funds

$368,599

Intra-State Government Transfers

$1,010,990

Other Intra-State Government Payments

$1,010,990

The 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 29.781%.

$7,346

$7,346

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$10,250

$10,250

Reflect an adjustment in telecommunications expenses.

($21,539)

($21,539)

Reflect an adjustment in the workers' compensation premium.

$3,442

$3,442

Reflect an adjustment in unemployment insurance premiums.

($54)

($54)

Increase funds for general liability premiums.

$258

$258

Recognize savings from attrition.

($7,528)

($7,528)

Amount appropriated in this Act

$368,599 $18,532,152

38.11. Peace Officers Standards and Training Council

Purpose: The purpose of this appropriation is to set standards for the law enforcement community; ensure adequate training at the highest level for all of Georgia's law enforcement officers and public safety professionals; and certify individuals when all requirements are met. Investigate officers and public safety professionals when an allegation of unethical and/or illegal conduct is made, and sanction these individuals by disciplining officers and public safety professionals when necessary.

Total Funds

$2,560,358

Other Funds

$88,461

5200

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified

$88,461

State Funds

$2,471,897

State General Funds

$2,471,897

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)

$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 29.781%.

$23,312

$23,312

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$35,220

$35,220

Reflect an adjustment in telecommunications expenses.

$6,129

$6,129

Reflect an adjustment in the workers' compensation premium.

$6,068

$6,068

Reflect an adjustment in unemployment insurance premiums.

($970)

($970)

Increase funds for general liability premiums.

$2,686

$2,686

Replace state funds with other funds for operating expenses.

($38,214)

$0

Provide mandatory training for newly-elected Sheriffs.

$401,950

$401,950

Restore funding for prior year reductions to personnel and operating budgets.

$125,000

$125,000

Amount appropriated in this Act

$2,471,897 $2,560,358

38.12. Public Safety Training Center

Purpose: The purpose of this appropriation is to develop, deliver, and facilitate training that results in professional and competent public safety services for the people of Georgia.

Total Funds

$14,486,375

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

$10,611,301

State General Funds

$10,611,301

The 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 29.781%.

$127,051

$127,051

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$224,189

$224,189

TUESDAY, MARCH 27, 2012

5201

Reflect an adjustment in telecommunications expenses.
Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums.
Increase funds for general liability premiums.
Eliminate contract with North Central Cobb Police Academy. (CC:Reduce contract.)
Reduce operating expenses for the Augusta Police Academy.
Reallocate funds from personal services from the Augusta Police Academy for one instructor to cover increase in student load at other academies due to elimination of North Central Contract and Augusta full-time staff. (CC:YES)
Reallocate funds from personal services for the Augusta Police Academy for purchase of ammunition. (CC:YES)
Reallocate funds from personal services for the Augusta Police Academy to provide the Basic Law Enforcement program as needed. (CC:YES)
Amount appropriated in this Act

($472) $55,834 ($4,029)
$6,634 ($44,757)
($100) $0
$0 $0
$10,611,301

($472) $55,834 ($4,029)
$6,634 ($44,757)
($100) $0
$0 $0
$14,486,375

Section 39: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$9,505,287 $1,300,246 $1,300,246 $7,963,566 $7,963,566

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

$1,195,439

Federal Funds and Grants

$83,500

Federal Funds Not Specifically Identified

$83,500

State Funds

$1,111,939

State General Funds

$1,111,939

The 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 29.781%.

$16,807

$16,807

5202

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Reflect an adjustment in telecommunications expenses.
Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums.
Increase funds for general liability premiums.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Transfer funds from the Public Service Commission to the Department of Public Safety for transportation regulatory functions.
Amount appropriated in this Act

$22,514 $2,829
($2,626) ($381) $501 ($740) $0
$1,111,939

$22,514 $2,829
($2,626) ($381) $501 ($740)
($70,160)
$1,195,439

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

$2,165,859

Federal Funds and Grants

$1,188,246

Federal Funds Not Specifically Identified

$1,188,246

State Funds

$977,613

State General Funds

$977,613

The 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 29.781%.

$23,148

$23,148

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$32,906

$32,906

Reflect an adjustment in telecommunications expenses.

$4,135

$4,135

Reflect an adjustment in the workers' compensation premium.

($3,837)

($3,837)

Reflect an adjustment in unemployment insurance premiums.

($556)

($556)

Increase funds for general liability premiums.

$733

$733

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($1,081)

($1,081)

Amount appropriated in this Act

$977,613 $2,165,859

TUESDAY, MARCH 27, 2012

5203

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

$6,143,989

Federal Funds and Grants

$28,500

Federal Funds Not Specifically Identified

$28,500

State Funds

$5,874,014

State General Funds

$5,874,014

The 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 29.781%.

$82,048

$82,048

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$117,768

$117,768

Reflect an adjustment in telecommunications expenses.

$14,801

$14,801

Reflect an adjustment in the workers' compensation premium.

($13,734)

($13,734)

Reflect an adjustment in unemployment insurance premiums.

($1,990)

($1,990)

Increase funds for general liability premiums.

$2,623

$2,623

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($3,868)

($3,868)

Reduce funds for personal services.

($130,000) ($130,000)

Transfer funds and three positions from the Public Service Commission to the Department of Public Safety for transportation regulatory functions.

($172,795) ($172,795)

Amount appropriated in this Act

$5,874,014 $6,143,989

Section 40: Regents, University System of Georgia Total Funds Other Funds
Agency Funds Other Funds - Not Specifically Identified Research Funds State Funds

$6,182,238,715 $4,353,668,931 $2,339,759,787
$4,600,248 $2,009,308,896 $1,828,569,784

5204

JOURNAL OF THE HOUSE

State General Funds

$1,828,569,784

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

$72,659,924

Other Funds

$37,552,919

Agency Funds

$15,552,919

Research Funds

$22,000,000

State Funds

$35,107,005

State General Funds

$35,107,005

The 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)

Increase funds for the employer share of health insurance ($237,978) and retiree health benefits ($221,641).

$459,619

$459,619

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$203,272

$203,272

Provide funding for four crop scientists specializing in the areas of horticulture, peanuts, soybeans, and peaches. (CC:Provide funding for crop scientists to include scientists specializing in the areas of vegetable horticulture, peanuts, soybeans, and peaches/fruit.)

$600,000

$600,000

Amount appropriated in this Act

$35,107,005 $72,659,924

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.

TUESDAY, MARCH 27, 2012

5205

Total Funds

$54,551,780

Other Funds

$25,083,929

Agency Funds

$12,083,929

Research Funds

$13,000,000

State Funds

$29,467,851

State General Funds

$29,467,851

The 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.

$0

$0

Increase funds for the employer share of health insurance ($267,701) and retiree health benefits ($406,479).

$674,180

$674,180

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$204,435

$204,435

Amount appropriated in this Act

$29,467,851 $54,551,780

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

$17,850,440

Other Funds

$10,475,000

Agency Funds

$10,475,000

State Funds

$7,375,440

State General Funds

$7,375,440

The 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

Reduce funds for personal services and operating expenses.

($149,671) ($149,671)

Increase funds for the employer share of health insurance ($17,389) and retiree health benefits ($3,459).

$20,848

$20,848

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$20,691

$20,691

Amount appropriated in this Act

$7,375,440 $17,850,440

40.5. Forestry Cooperative Extension Purpose: The purpose of this appropriation is to provide funding for faculty to support

5206

JOURNAL OF THE HOUSE

instruction and outreach about conservation and sustainable management of forests and other natural resources.

Total Funds

$1,002,786

Other Funds

$500,000

Other Funds - Not Specifically Identified

$24,012

Research Funds

$475,988

State Funds

$502,786

State General Funds

$502,786

The 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)

Increase funds for the employer share of health insurance.

$4,026

$4,026

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$1,558

$1,558

Amount appropriated in this Act

$502,786 $1,002,786

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

$11,530,354

Other Funds

$8,950,426

Other Funds - Not Specifically Identified

$950,426

Research Funds

$8,000,000

State Funds

$2,579,928

State General Funds

$2,579,928

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,523,601 $11,474,027

Increase funds for the employer share of health insurance ($28,484) and retiree health benefits ($19,271).

$47,755

$47,755

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$8,572

$8,572

Amount appropriated in this Act

$2,579,928 $11,530,354

TUESDAY, MARCH 27, 2012

5207

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

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

$229,709,589

Other Funds

$223,917,958

Research Funds

$223,917,958

State Funds

$5,791,631

State General Funds

$5,791,631

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)

$5,722,356 $229,640,314

Reduce funds for operating expenses.

$0

$0

Increase funds for the employer share of health insurance ($11,983) and retiree health benefits ($3,233).

$15,216

$15,216

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$4,059

$4,059

Increase funds for industrial storm water solutions for Georgia's poultry industry.

$50,000

$50,000

Amount appropriated in this Act

$5,791,631 $229,709,589

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

$1,215,731

Other Funds

$486,281

Agency Funds

$118,633

Research Funds

$367,648

State Funds

$729,450

5208

JOURNAL OF THE HOUSE

State General Funds

$729,450

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)

$718,506 $1,204,787

Increase funds for the employer share of health insurance.

$6,649

$6,649

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$4,295

$4,295

Amount appropriated in this Act

$729,450 $1,215,731

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

$2,544,650

Other Funds

$1,345,529

Agency Funds

$745,529

Research Funds

$600,000

State Funds

$1,199,121

State General Funds

$1,199,121

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$1,180,737 $2,526,266

Increase funds for the employer share of health insurance.

$9,235

$9,235

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$9,149

$9,149

Amount appropriated in this Act

$1,199,121 $2,544,650

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

$29,172,642

State Funds

$29,172,642

State General Funds

$29,172,642

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)

$29,172,642 $29,172,642

Amount appropriated in this Act

$29,172,642 $29,172,642

TUESDAY, MARCH 27, 2012

5209

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

$37,411,509

Other Funds

$5,222,400

Agency Funds

$5,222,400

State Funds

$32,189,109

State General Funds

$32,189,109

The 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)

Add funds to the New Directions formula based on an increase in state population.

$394,218

$394,218

Increase funds for the employer share of health insurance.

$4,494

$4,494

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$187,117

$187,117

Amount appropriated in this Act

$32,189,109 $37,411,509

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

$18,843,915

State Funds

$18,843,915

State General Funds

$18,843,915

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$11,946,374 $11,946,374

Reduce funds for personal services and operating expenses.

($220,927) ($220,927)

Eliminate funds for the Georgia Leadership Institute ($600,000) and Accountability Plus ($300,000).

($900,000) ($900,000)

Redirect funds from ICAPP Health to Health Professions Initiative ($585,574).(G: YES) (CC:YES)

$0

$0

Provide funds for the Health Professions Initiative to address graduate medical and graduate nursing education. (CC:Funds will remain in the Board of Regents.)

$3,644,426

$3,644,426

5210

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Provide funds for cancer research to the Georgia Health Sciences University Cancer Center.
Transfer funds for GALILEO from Public Service/Special Funding Initiatives to Regents Central Office.
Transfer funds for Fort Valley Land Grant Match from Teaching program to Public Service/Special Funding Initiatives.
Transfer funds from the HBCU-Mission Related program for Savannah State and Albany State Universities from Public Service/Special Funding Initiatives to Teaching Program.
Redirect funds from the HBCU-Mission Related program for Fort Valley to the institution's land grant match ($929,839).(G:YES) (CC:YES)
Amount appropriated in this Act

$5,000,000 ($2,582,940)
$2,514,026 ($557,044)
$0 $18,843,915

$5,000,000 ($2,582,940)
$2,514,026 ($557,044)
$0 $18,843,915

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

$8,231,266

State Funds

$8,231,266

State General Funds

$8,231,266

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$5,596,860 $5,596,860

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$17,712

$17,712

Reflect an adjustment in the workers' compensation premium.

($34,382)

($34,382)

Reflect an adjustment in unemployment insurance premiums.

($2,060)

($2,060)

Increase funds for general liability premiums.

$11,383

$11,383

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.

($4,726)

($4,726)

Fund increase in SREB dues with existing funds. (CC:Provide funding for the increase in annual SREB dues and the final year for osteopathic medicine in the Regional Contract Program.)

$105,000

$105,000

Reduce funds for personal services.

($89,708)

($89,708)

Increase funds for the employer share of health insurance.

$26,778

$26,778

TUESDAY, MARCH 27, 2012

5211

Transfer funds for GALILEO from Public Service/Special Funding Initiatives to Regents Central Office.
Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.
Amount appropriated in this Act

$2,582,940 $21,469
$8,231,266

$2,582,940 $21,469
$8,231,266

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

Reduce funds for personal services and operating expenses.

($128,434) ($128,434)

Reflect changes to the purpose statement. (CC:YES)

$0

$0

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

$4,779,305

Other Funds

$3,550,000

Agency Funds

$900,000

Research Funds

$2,650,000

State Funds

$1,229,305

State General Funds

$1,229,305

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)

$1,230,101 $4,780,101

Reduce funds for personal services.

($24,602)

($24,602)

Increase funds for the employer share of health insurance ($7,433) and retiree health benefits ($8,578).

$16,011

$16,011

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$7,795

$7,795

Amount appropriated in this Act

$1,229,305 $4,779,305

5212

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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

$5,650,083,001

Other Funds

$4,018,392,206

Agency Funds

$2,285,039,426

Research Funds

$1,733,352,780

State Funds

$1,631,690,795

State General Funds

$1,631,690,795

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)

$1,553,790,529 $5,572,182,735

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$152,551

$152,551

Reflect an adjustment in the workers' compensation premium.

($628,552) ($628,552)

Reflect an adjustment in unemployment insurance premiums.

$473,721

$473,721

Increase funds for general liability premiums.

$5,385,304 $5,385,304

Reduce funds for personal services and operating expenses. ($35,286,153) ($35,286,153)

Provide funds for enrollment growth based on a 3.05% increase in semester credit hours and operating expenses related to additional square footage.

$76,380,166 $76,380,166

Increase funds for the employer share of health insurance ($10,985,748) and retiree health benefits ($5,683,199).

$16,668,947 $16,668,947

Transfer the Herty Advanced Materials Development Center program from Economic Development to the Board of Regents and provide funds to Georgia Southern University for maintenance and operations.

$614,773

$614,773

Adjust debt service payback amount for parking decks at Georgia Tech ($507,638) and Georgia State University ($323,042).

$830,680

$830,680

Transfer funds for Fort Valley Land Grant Match from Teaching program to Public Service/Special Funding Initiatives.

($2,514,026) ($2,514,026)

Transfer funds from the HBCU Mission-Related program for Savannah State and Albany State Universities from Public Service/Special Funding Initiatives to the Teaching Program.

$557,044

$557,044

Reflect an adjustment in the employer share of the Teachers' $14,613,198 $14,613,198 Retirement System from 10.28% to 11.41%.

TUESDAY, MARCH 27, 2012

5213

Provide funds for the Southern Legislative Conference's (SLC) Center for Advancement of Leadership Skills (CALS) program at Georgia State University.

$25,000

$25,000

Increase funds for a teaching Eminent Scholar.

$500,000

$500,000

Amount appropriated in this Act

$1,631,690,795 $5,650,083,001

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 Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention.

Total Funds

$2,546,463

State Funds

$2,546,463

State General Funds

$2,546,463

The 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)

Increase funds for the employer share of health insurance.

$15,020

$15,020

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$11,953

$11,953

Amount appropriated in this Act

$2,546,463 $2,546,463

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

$10,050,990

Other Funds

$9,621,951

Agency Funds

$9,621,951

State Funds

$429,039

State General Funds

$429,039

The 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)

Increase funds for the employer share of health insurance.

$3,940

$3,940

5214

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$429,039 $10,050,990

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

$2,339,951

State Funds

$2,339,951

State General Funds

$2,339,951

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$2,317,107 $2,317,107

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,756

$1,756

Reflect an adjustment in the workers' compensation premium.

$20,125

$20,125

Reflect an adjustment in unemployment insurance premiums.

$11,586

$11,586

Increase funds for general liability premiums.

$16,324

$16,324

Reduce funds for the Prep School ($32,024) and the Junior College ($14,318).

($46,342)

($46,342)

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$19,395

$19,395

Amount appropriated in this Act

$2,339,951 $2,339,951

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

$12,850,843

State Funds

$12,850,843

State General Funds

$12,850,843

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$73,234

$73,234

TUESDAY, MARCH 27, 2012

5215

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Increase funds to reflect an adjustment in PeopleSoft billings.
Eliminate one full-time position and one part-time position to reflect the agency reorganization.
Eliminate one-time funds to broadcast the Georgia Music Hall of Fame Awards Show.
Reduce funds for operating expenses. (CC:Restore funds for operating expenses.)
Eliminate state general funds supporting employee parking spaces.
Eliminate funds for professional association memberships.
Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.
Redirect state general funds supporting employee parking spaces to pay for escalated costs associated with the Discovery Education contract ($57,763). (G:YES) (CC:YES)
Increase funds for special education programming.
Amount appropriated in this Act

$106,529 $4,333
($205,769) ($50,000) $470,500 ($11,357) ($19,001)
$1,077 $0
$50,000 $12,850,843

$106,529 $4,333
($205,769) ($50,000) $470,500 ($11,357) ($19,001)
$1,077 $0
$50,000 $12,850,843

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 Intra-State Government Transfers Other Intra-State Government Payments

$167,987,384 $187,422 $187,422
$27,860,471 $19,293,471
$8,567,000 $139,713,911 $139,563,911
$150,000 $225,580 $225,580

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

$14,113,976

Other Funds

$125,000

Agency Funds

$125,000

5216

JOURNAL OF THE HOUSE

State Funds

$13,763,396

State General Funds

$13,763,396

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 29.781%.

$101,396

$101,396

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$159,614

$159,614

Reflect an adjustment in telecommunications expenses.

($435,572) ($435,572)

Reflect an adjustment in the workers' compensation premium.

($14,879)

($14,879)

Reflect an adjustment in unemployment insurance premiums.

($11,197)

($11,197)

Increase funds for general liability premiums.

$4,935

$4,935

Increase funds to reflect an adjustment in PeopleSoft billings.

$1,510

$1,510

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($7,621)

($7,621)

Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system.

$288,000

$288,000

Transfer funds and four positions for regulation of alcohol licensing to Industry Regulation to better align budget and expenditures.

($136,422) ($136,422)

Eliminate funding for the courtesy postage-paid envelopes included with notices sent to taxpayers.

($385,000) ($385,000)

Reduce one-time funds added in HB 78 (2011 Session) for equipment.

($80,000)

($80,000)

Amount appropriated in this Act

$13,763,396 $14,113,976

41.2. Departmental Administration

Purpose: The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue.

Total Funds

$7,058,029

Other Funds

$484,210

Agency Funds

$484,210

State Funds

$6,573,819

TUESDAY, MARCH 27, 2012

5217

State General Funds

$6,573,819

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$75,003

$75,003

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$111,730

$111,730

Reflect an adjustment in telecommunications expenses.

($96,794)

($96,794)

Reflect an adjustment in the workers' compensation premium.

($10,415)

($10,415)

Reflect an adjustment in unemployment insurance premiums.

($7,838)

($7,838)

Increase funds for general liability premiums.

$3,454

$3,454

Increase funds to reflect an adjustment in PeopleSoft billings.

$1,057

$1,057

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($5,335)

($5,335)

Transfer funds, 11 positions and six vehicles to the Office of Special Investigation to align budget and expenditures.

($561,432) ($561,432)

Transfer funds and three positions to Motor Vehicles Registration and Titling to align budget expenditures associated with relocation of Tradeport offices.

($148,620) ($148,620)

Transfer funds and four positions to the Office of Tax Policy to align budget and expenditures.

($311,779)

($311,779)

Reduce funding for personal services due to attrition.

($160,000) ($160,000)

Reduce funds for personal services and maintain a current vacancy. (CC:No reduction. Maintain vacancy.)

$0

$0

Amount appropriated in this Act

$6,573,819 $7,058,029

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

$14,184,250

State Funds

$14,184,250

State General Funds

$14,184,250

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$14,584,551 $14,584,551

5218

JOURNAL OF THE HOUSE

Reduce funds to meet actual expenditures. Amount appropriated in this Act

($400,301) ($400,301) $14,184,250 $14,184,250

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

$0

The 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

Amount appropriated in this Act

$0

$0

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

$5,817,759

Federal Funds and Grants

$187,422

Federal Funds Not Specifically Identified

$187,422

Other Funds

$2,588,503

Agency Funds

$1,091,503

Other Funds - Not Specifically Identified

$1,497,000

State Funds

$3,041,834

State General Funds

$2,891,834

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 29.781%.

$38,660

$38,660

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$79,807

$79,807

Reflect an adjustment in telecommunications expenses.

($48,397)

($48,397)

Reflect an adjustment in the workers' compensation premium.

($7,439)

($7,439)

Reflect an adjustment in unemployment insurance premiums.

($5,598)

($5,598)

Increase funds for general liability premiums.

$2,467

$2,467

TUESDAY, MARCH 27, 2012

5219

Increase funds to reflect an adjustment in PeopleSoft billings.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Provide state funds to replace fees required to be remitted to the Office of the State Treasurer, pursuant to the State of Georgia 2011 Budgetary Compliance Report.
Transfer funds and four positions for regulation of alcohol licensing from Customer Service to better align budget and expenditures.
Reduce one-time funds added in HB 78 (2011 Session) for motor vehicles.
Amount appropriated in this Act

$755 ($3,811) $300,000
$136,422
($240,000) $3,041,834

$755 ($3,811)
$0
$136,422
($240,000) $5,817,759

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

$4,489,038

Other Funds

$2,670,000

Agency Funds

$200,000

Other Funds - Not Specifically Identified

$2,470,000

State Funds

$1,819,038

State General Funds

$1,819,038

The 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 29.781%.

$32,228

$32,228

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$63,846

$63,846

Reflect an adjustment in telecommunications expenses.

($290,381) ($290,381)

Reflect an adjustment in the workers' compensation premium.

($5,952)

($5,952)

Reflect an adjustment in unemployment insurance premiums.

($4,479)

($4,479)

Increase funds for general liability premiums.

$1,974

$1,974

Increase funds to reflect an adjustment in PeopleSoft billings.

$604

$604

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($3,049)

($3,049)

Realize savings in rent through office consolidation.

($200,000) ($200,000)

Reduce funds for contracts.

($36,000)

($36,000)

5220

JOURNAL OF THE HOUSE

Reduce funding for operating expenses. Amount appropriated in this Act

($10,000) $1,819,038

($10,000) $4,489,038

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

$9,232,474

State Funds

$9,232,474

State General Funds

$9,232,474

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)

$6,984,996 $6,984,996

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$1,631,535

$1,631,535

Provide funds to pay the Employees' Retirement System of Georgia (ERS) for the liability on local tax officials' retirement benefits covering FY 2013.

$615,943

$615,943

Amount appropriated in this Act

$9,232,474 $9,232,474

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

$19,246,973

Other Funds

$4,981,765

Agency Funds

$3,881,765

Other Funds - Not Specifically Identified

$1,100,000

State Funds

$14,265,208

State General Funds

$14,265,208

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$94,521

$94,521

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$111,730

$111,730

Reflect an adjustment in telecommunications expenses.

($1,500,303) ($1,500,303)

TUESDAY, MARCH 27, 2012

5221

Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums.
Increase funds for general liability premiums.
Increase funds to reflect an adjustment in PeopleSoft billings.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Transfer funds and three positions from Departmental Administration to better align budget and expenditures.
Reduce funds for freight.
Realize savings in rent through office consolidation.
Reduce funds in operating expenses for postage.
Provide state funds to replace fees required to be remitted to the Office of the State Treasurer, pursuant to the State of Georgia 2011 Budgetary Compliance Report.
Utilize other funds from the purchase of tag data to provide the initial step for a three-year replacement schedule for county GRATIS printers and maintenance ($500,000). (CC:Provide the initial step for a three-year replacement schedule for county GRATIS printers to assist in the implementation of Georgia Tax Reform, HB 386. )
Implement tax reform pursuant to HB 386 by providing ten positions, enhanced call center support services and technology upgrades.
Amount appropriated in this Act

($10,415) ($7,838) $3,454 $1,057 ($5,335) $148,620 ($30,000)
($200,000) ($10,000) $7,000,000
$700,000
$3,476,000
$14,265,208

($10,415) ($7,838) $3,454 $1,057 ($5,335) $148,620
($30,000) ($200,000) ($10,000)
$0
$700,000
$3,476,000
$19,246,973

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

$3,710,891

State Funds

$3,710,891

State General Funds

$3,710,891

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)

$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 29.781%.

$23,067

$23,067

5222

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.
Reflect an adjustment in telecommunications expenses.
Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums.
Increase funds for general liability premiums.
Increase funds to reflect an adjustment in PeopleSoft billings.
Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Transfer funds, 11 positions and six vehicles from Departmental Administration to align budget and expenditures.
Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system.
Amount appropriated in this Act

$47,884 ($48,397) ($4,464) ($3,359)
$1,480 $453
($2,286) $561,432
$399,000
$3,710,891

$47,884 ($48,397) ($4,464)
($3,359) $1,480 $453
($2,286) $561,432
$399,000
$3,710,891

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

$14,243,359

State Funds

$14,243,359

State General Funds

$14,243,359

The 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 29.781%.

$76,576

$76,576

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$95,769

$95,769

Reflect an adjustment in telecommunications expenses.

($48,397)

($48,397)

Reflect an adjustment in the workers' compensation premium.

($8,927)

($8,927)

Reflect an adjustment in unemployment insurance premiums.

($6,718)

($6,718)

Increase funds for general liability premiums.

$2,961

$2,961

Increase funds to reflect an adjustment in PeopleSoft billings.

$906

$906

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($4,573)

($4,573)

TUESDAY, MARCH 27, 2012

5223

Realize savings in rent through office consolidation.
Reduce funding for operating expenses for postage ($110,000) and software ($10,000).
Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system.
Amount appropriated in this Act

($200,000) ($120,000)
$113,000

($200,000) ($120,000)
$113,000

$14,243,359 $14,243,359

41.11. Tax Compliance

Purpose: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

Total Funds

$52,390,593

Other Funds

$16,610,993

Agency Funds

$13,110,993

Other Funds - Not Specifically Identified

$3,500,000

State Funds

$35,779,600

State General Funds

$35,779,600

The 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 29.781%.

$352,192

$352,192

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$654,419

$654,419

Reflect an adjustment in telecommunications expenses.

($387,175) ($387,175)

Reflect an adjustment in the workers' compensation premium.

($61,003)

($61,003)

Reflect an adjustment in unemployment insurance premiums.

($45,906)

($45,906)

Increase funds for general liability premiums.

$20,233

$20,233

Increase funds to reflect an adjustment in PeopleSoft billings.

$6,189

$6,189

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($31,248)

($31,248)

Amount appropriated in this Act

$35,779,600 $52,390,593

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.

5224

JOURNAL OF THE HOUSE

Total Funds

$2,010,939

Other Funds

$400,000

Agency Funds

$400,000

State Funds

$1,610,939

State General Funds

$1,610,939

The 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 29.781%.

$22,791

$22,791

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$47,884

$47,884

Reflect an adjustment in telecommunications expenses.

($193,587) ($193,587)

Reflect an adjustment in the workers' compensation premium.

($4,464)

($4,464)

Reflect an adjustment in unemployment insurance premiums.

($3,359)

($3,359)

Increase funds for general liability premiums.

$1,480

$1,480

Increase funds to reflect an adjustment in PeopleSoft billings.

$453

$453

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($2,286)

($2,286)

Transfer funds and four positions from Departmental Administration to align budget and expenditures.

$311,779

$311,779

Reduce funds for contracts.

($30,000)

($30,000)

Amount appropriated in this Act

$1,610,939 $2,010,939

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

$21,489,103

State Funds

$21,489,103

State General Funds

$21,489,103

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$23,060,243 $23,060,243

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$172,955

$172,955

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$223,460

$223,460

TUESDAY, MARCH 27, 2012

5225

Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system. Amount appropriated in this Act

($1,790,684) ($20,830)
($15,675) $6,911 $2,111
($10,670)
$70,000
$21,489,103

($1,790,684) ($20,830)
($15,675) $6,911 $2,111
($10,670)
$70,000
$21,489,103

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

$32,572,296 $85,000 $85,000
$1,557,183 $1,121,412
$435,771 $30,930,113 $30,930,113

42.1. Archives and Records

Purpose: The purpose of this appropriation is to maintain the state's archives; document and interpret the history of the Georgia State Capitol building; and assist State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center.

Total Funds

$4,966,560

Other Funds

$532,671

Other Funds - Not Specifically Identified

$96,900

Records Center Storage Fee

$435,771

State Funds

$4,433,889

State General Funds

$4,433,889

The 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

5226

JOURNAL OF THE HOUSE

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Provide funding to allow the State Archives building to remain open to the public one additional half-day per week. Amount appropriated in this Act

$17,610
$23,096
$0 ($2,122)
$4,097 $12,441
$1,256 ($3,013)
$67,500
$4,433,889

$17,610
$23,096
$0 ($2,122)
$4,097 $12,441
$1,256 ($3,013)
$67,500
$4,966,560

42.2. Corporations

Purpose: The purpose of this appropriation is to accept and review filings made pursuant to statutes; to issue certifications of records on file; and to provide general information to the public on all filed entities.

Total Funds

$2,000,783

Other Funds

$739,512

Other Funds - Not Specifically Identified

$739,512

State Funds

$1,261,271

State General Funds

$1,261,271

The 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 29.781%.

$15,157

$15,157

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$24,832

$24,832

Reflect an adjustment in telecommunications expenses.

$0

$0

Reflect an adjustment in the workers' compensation premium.

($3,117)

($3,117)

Reflect an adjustment in unemployment insurance premiums.

$6,720

$6,720

Increase funds for general liability premiums.

$18,860

$18,860

Increase funds to reflect an adjustment in PeopleSoft billings.

($775)

($775)

TUESDAY, MARCH 27, 2012

5227

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services. Amount appropriated in this Act

($7,238)
($24,629) $1,261,271

($7,238)
($24,629) $2,000,783

42.3. Elections

Purpose: The purpose of this appropriation is to administer all duties imposed upon the Secretary of State by providing all required filing and public information services, performing all certification and commissioning duties required by law, and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration, and financial disclosure laws.

Total Funds

$4,924,720

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

$4,789,720

State General Funds

$4,789,720

The 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 29.781%.

$26,124

$26,124

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$36,480

$36,480

Reflect an adjustment in telecommunications expenses.

$55,795

$55,795

Reflect an adjustment in the workers' compensation premium.

($3,910)

($3,910)

Reflect an adjustment in unemployment insurance premiums.

$6,788

$6,788

Increase funds for general liability premiums.

$21,054

$21,054

Increase funds to reflect an adjustment in PeopleSoft billings.

$514

$514

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($1,982)

($1,982)

Amount appropriated in this Act

$4,789,720 $4,924,720

42.4. Office Administration

Purpose: The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$6,132,898

5228

JOURNAL OF THE HOUSE

Other Funds

$15,000

Other Funds - Not Specifically Identified

$15,000

State Funds

$6,117,898

State General Funds

$6,117,898

The 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 29.781%.

$76,943

$76,943

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$100,440

$100,440

Reflect an adjustment in telecommunications expenses.

$0

$0

Reflect an adjustment in the workers' compensation premium.

($17,717)

($17,717)

Reflect an adjustment in unemployment insurance premiums.

$15,412

$15,412

Increase funds for general liability premiums.

$58,378

$58,378

Increase funds to reflect an adjustment in PeopleSoft billings.

($4,620)

($4,620)

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($8,362)

($8,362)

Reduce funds for operating expenses.

($265,322) ($265,322)

Fund eight positions to increase enforcement in the professional licensing boards and recognize revenues generated from fines due to licensing violations.

$396,632

$396,632

Amount appropriated in this Act

$6,117,898 $6,132,898

42.5. Professional Licensing Boards

Purpose: The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions.

Total Funds

$7,161,199

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$7,011,199

State General Funds

$7,011,199

The 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 29.781%.

$72,165

$72,165

TUESDAY, MARCH 27, 2012

5229

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services. Provide funds to the Georgia Board of Pharmacy for operations and the administration of exams. Provide one-time funds for the revision of the mandatory surveys required for RN, APRN and LPN license renewals. Amount appropriated in this Act

$94,317
$0 ($10,152)
$29,077 $82,304
$6,522 ($5,596)
($136,542) $25,000
$27,000
$7,011,199

$94,317
$0 ($10,152)
$29,077 $82,304
$6,522 ($5,596)
($136,542) $25,000
$27,000
$7,161,199

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

$883,891

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$833,891

State General Funds

$833,891

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)

$819,685

$869,685

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$9,269

$9,269

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$12,320

$12,320

Reflect an adjustment in telecommunications expenses.

$0

$0

Reflect an adjustment in the workers' compensation premium.

($3,101)

($3,101)

Reflect an adjustment in unemployment insurance premiums.

$3,222

$3,222

Increase funds for general liability premiums.

$11,484

$11,484

5230

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services. Amount appropriated in this Act

($571) ($1,483)
($16,934) $833,891

($571) ($1,483)
($16,934) $883,891

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

$272,104

Other Funds

$20,000

Other Funds - Not Specifically Identified

$20,000

State Funds

$252,104

State General Funds

$252,104

The 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 29.781%.

$3,795

$3,795

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$5,689

$5,689

Reflect an adjustment in the workers' compensation premium.

($3,604)

($3,604)

Reflect an adjustment in unemployment insurance premiums.

$8,922

$8,922

Increase funds to reflect an adjustment in PeopleSoft billings.

$1,681

$1,681

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($1,934)

($1,934)

Reduce funding for operating expenses.

($4,848)

($4,848)

Amount appropriated in this Act

$252,104

$272,104

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

$1,941,697

State Funds

$1,941,697

TUESDAY, MARCH 27, 2012

5231

State General Funds

$1,941,697

The 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 29.781%.

$19,553

$19,553

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$28,840

$28,840

Reflect an adjustment in telecommunications expenses.

$0

$0

Reflect an adjustment in the workers' compensation premium.

($584)

($584)

Reflect an adjustment in unemployment insurance premiums.

$6,056

$6,056

Increase funds to reflect an adjustment in PeopleSoft billings.

$2,361

$2,361

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($499)

($499)

Reduce funding for personal services.

($64,545)

($64,545)

Amount appropriated in this Act

$1,941,697 $1,941,697

42.9. Georgia Government Transparency and Campaign Finance 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

$1,344,179

State Funds

$1,344,179

State General Funds

$1,344,179

The 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 29.781%.

$13,773

$13,773

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$19,072

$19,072

Reflect an adjustment in telecommunications expenses.

$491

$491

Reflect an adjustment in the workers' compensation premium.

($1,599)

($1,599)

Reflect an adjustment in unemployment insurance premiums.

$3,570

$3,570

Increase funds to reflect an adjustment in PeopleSoft billings.

$569

$569

5232

JOURNAL OF THE HOUSE

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Increase funds for anticipated mailing costs associated with the Georgia Government Transparency and Campaign Finance Act.
Provide one-time funds for IT upgrades to address challenges to systems due to an increase in traffic.
Utilize existing funds for a data programmer. (CC:Increase funds for a data entry position and an auditor.)
Utilize up to $2,800 in existing funds to provide training for local governments and officials. (CC:YES)
Amount appropriated in this Act

($842) $25,000
$100,000 $100,000
$0 $1,344,179

($842) $25,000
$100,000 $100,000
$0 $1,344,179

42.10. Real Estate Commission

Purpose: The purpose of this appropriation is to administer the license law for real estate brokers and salespersons, and provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

Total Funds

$2,944,265

State Funds

$2,944,265

State General Funds

$2,944,265

The 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 29.781%.

$31,276

$31,276

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$45,694

$45,694

Reflect an adjustment in telecommunications expenses.

($4,662)

($4,662)

Reflect an adjustment in the workers' compensation premium.

($243)

($243)

Reflect an adjustment in unemployment insurance premiums.

$1,070

$1,070

Increase funds to reflect an adjustment in PeopleSoft billings.

$325

$325

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($149)

($149)

Reduce funding for contractual services based on reduced workload.

($58,591)

($58,591)

Amount appropriated in this Act

$2,944,265 $2,944,265

TUESDAY, MARCH 27, 2012

5233

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

$9,926,138 $2,070,034 $2,070,034
$628,335 $628,335 $2,652,481 $2,652,481 $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

$744,781

State Funds

$744,781

State General Funds

$744,781

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$10,370

$10,370

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$14,209

$14,209

Reflect an adjustment in telecommunications expenses.

($1,800)

($1,800)

Reflect an adjustment in the workers' compensation premium.

$202

$202

Reflect an adjustment in unemployment insurance premiums.

($281)

($281)

Increase funds for general liability premiums.

$640

$640

Increase funds to reflect an adjustment in PeopleSoft billings.

$102

$102

Amount appropriated in this Act

$744,781

$744,781

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

$2,561,016

5234

JOURNAL OF THE HOUSE

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

$238,237

State General Funds

$238,237

The 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 29.781%.

$2,010

$2,010

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$2,842

$2,842

Reflect an adjustment in telecommunications expenses.

($279)

($279)

Reflect an adjustment in the workers' compensation premium.

$132

$132

Reflect an adjustment in unemployment insurance premiums.

($175)

($175)

Increase funds for general liability premiums.

$148

$148

Increase funds to reflect an adjustment in PeopleSoft billings.

$24

$24

Amount appropriated in this Act

$238,237 $2,561,016

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 non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts.

Total Funds

$2,468,649

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

$1,383,592

State General Funds

$1,383,592

Intra-State Government Transfers

$709,467

Other Intra-State Government Payments

$709,467

TUESDAY, MARCH 27, 2012

5235

The 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 29.781%.

$15,567

$15,567

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$23,544

$23,544

Reflect an adjustment in telecommunications expenses.

($1,024)

($1,024)

Reflect an adjustment in the workers' compensation premium.

$547

$547

Reflect an adjustment in unemployment insurance premiums.

($710)

($710)

Increase funds for general liability premiums.

$855

$855

Increase funds to reflect an adjustment in PeopleSoft billings.

$137

$137

Amount appropriated in this Act

$1,383,592 $2,468,649

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

$0

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

$0

5236

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)

$0 $1,591,242

Eliminate 17 positions.

$0 ($835,275)

Transfer ten positions and other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support.

$0 ($755,967)

Amount appropriated in this Act

$0

$0

44.2. System Administration

Purpose: The purpose of this appropriation is to provide administrative and technical support to the agency.

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 $3,681,399

Transfer 19 positions and other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support.

$0 ($3,681,399)

Transfer 19 positions to the Governor's Office of Consumer Protection for Call Center support and 1-800-Georgia operations. (G:YES) (CC:YES)

$0

$0

Eliminate four positions. (G:YES) (CC:YES)

$0

$0

Eliminate payment of $2,447,035 to the Office of the State Treasurer. (G:YES) (CC:YES)

$0

$0

Amount appropriated in this Act

$0

$0

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

$0

The 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 $6,084,586

Eliminate 11 positions.

$0 ($935,108)

TUESDAY, MARCH 27, 2012

5237

Transfer 11 positions and other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support.
Amount appropriated in this Act

$0 ($5,149,478)

$0

$0

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 job-related skills to assist employees in their career development.

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 $1,137,223

Eliminate 27 positions.

$0 ($917,147)

Transfer two positions and other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support.

$0 ($220,076)

Amount appropriated in this Act

$0

$0

Section 45: Student Finance Commission, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds

$641,735,855 $1,582,132 $1,582,132
$640,153,723 $605,837,546
$34,316,177

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

$7,069,682

Other Funds

$569,682

Other Funds - Not Specifically Identified

$569,682

State Funds

$6,500,000

State General Funds

$6,500,000

5238

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)

$6,500,000 $6,500,000

Increase funds for the Accel program to meet the projected need (Other Funds: $569,682). (CC:Provide an equivalent benefit as the HOPE-Public program by removing books and fees. Fund enrollment in the AFY 2013 budget based on actuals.)

$0

$569,682

Amount appropriated in this Act

$6,500,000 $7,069,682

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

TUESDAY, MARCH 27, 2012

5239

State General Funds

$800,000

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

$7,922,124

State Funds

$7,922,124

Lottery Funds

$7,922,124

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$39,267

$39,267

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$57,410

$57,410

Reflect an adjustment in the workers' compensation premium.

($8,421)

($8,421)

Reflect an adjustment in unemployment insurance premiums.

$62,958

$62,958

Increase funds for general liability premiums.

$1,400

$1,400

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($604)

($604)

Amount appropriated in this Act

$7,922,124 $7,922,124

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

5240

JOURNAL OF THE HOUSE

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

$112,658,625

State Funds

$112,658,625

Lottery Funds

$112,658,625

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$130,737,363 $130,737,363

Maintain current award amount and reduce funds to meet the ($18,078,738) ($18,078,738) projected need (100% Factor Rate).

Amount appropriated in this Act

$112,658,625 $112,658,625

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

$54,385,503

State Funds

$54,385,503

Lottery Funds

$54,385,503

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$54,501,104 $54,501,104

Maintain current award amount and reduce funds to meet the ($3,182,942) ($3,182,942) projected need (100% Factor Rate).

Provide funds for Zell Miller Scholarships for students attending eligible private postsecondary institutions. (CC:Create a Zell Miller Scholarship subprogram.)

$3,067,341 $3,067,341

Amount appropriated in this Act

$54,385,503 $54,385,503

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

$408,235,018

State Funds

$408,235,018

Lottery Funds

$408,235,018

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 27, 2012

5241

Amount from prior Appropriation Act (HB78)
Increase funds for the HOPE Scholarship - Public Schools program to maintain the current award amount (100% Factor Rate).
Provide funds for Zell Miller Scholarships for students attending eligible public postsecondary institutions. (CC:Create a Zell Miller Scholarship subprogram.)
Amount appropriated in this Act

State Funds $377,666,709
$10,040,721
$20,527,588
$408,235,018

Total Funds $377,666,709 $10,040,721
$20,527,588
$408,235,018

45.10. Low Interest Loans

Purpose: The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college education, encourage timely persistence to the achievement of postsecondary credentials, and to incentivize loan recipients to work in public service. The loans are forgivable for recipients who work in certain critical need occupations. The purpose of this appropriation is also to provide loans for students eligible under O.C.G.A. 20-3-400.2(e.1).

Total Funds

$20,000,000

State Funds

$20,000,000

Lottery Funds

$20,000,000

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)

$20,000,000 $20,000,000

Reflect a change in the purpose statement. (CC:YES)

$0

$0

Amount appropriated in this Act

$20,000,000 $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

$1,927,299

Other Funds

$482,723

Other Funds - Not Specifically Identified

$482,723

State Funds

$1,444,576

State General Funds

$1,444,576

The 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

5242

JOURNAL OF THE HOUSE

Increase funds for the North Georgia Military Scholarship Grants to meet projected need.
Amount appropriated in this Act

$91,776 $1,444,576

$91,776 $1,927,299

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

$875,000

State Funds

$875,000

State General Funds

$875,000

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)

$802,479

$802,479

Increase funds for the North Georgia ROTC Grants to meet projected need.

$72,521

$72,521

Amount appropriated in this Act

$875,000

$875,000

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:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$306,761

$306,761

Increase funds for the Public Memorial Safety Grant program to meet the projected need.

$70,000

$70,000

Amount appropriated in this Act

$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

$22,426,050

TUESDAY, MARCH 27, 2012

5243

Other Funds

$529,727

Other Funds - Not Specifically Identified

$529,727

State Funds

$21,896,323

State General Funds

$21,896,323

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: $529,727).

($3,106,623)

($2,576,896)

Amount appropriated in this Act

$21,896,323 $22,426,050

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.

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 HOPE Scholarship - Public Schools program and HOPE Scholarship - Private Schools program.

($19,105,888) ($19,105,888)

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

$758,655

State Funds

$758,655

State General Funds

$758,655

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5244

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 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Restore funds for one position. Amount appropriated in this Act

State Funds $692,684 $9,817
$10,939
$187 ($31,591)
$17,804 $329
$58,486 $758,655

Total Funds $692,684 $9,817
$10,939
$187 ($31,591)
$17,804 $329
$58,486 $758,655

Section 46: Teachers' Retirement System Total Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments

$30,146,278 $590,000 $590,000
$29,556,278 $29,556,278

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.41% for State Fiscal Year 2013.

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

$590,000

State Funds

$590,000

State General Funds

$590,000

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)

$793,000

$793,000

Reduce funds due to the declining population of teachers who qualify for this benefit.

($203,000) ($203,000)

Amount appropriated in this Act

$590,000

$590,000

TUESDAY, MARCH 27, 2012

5245

46.2. System Administration

Purpose: The purpose of this appropriation is to administer the Teachers Retirement System of Georgia, including paying retiree benefits, investing retirement funds, accounting for the status and contributions of active and inactive members, counseling members, and processing refunds.

Total Funds

$29,556,278

Intra-State Government Transfers

$29,556,278

Retirement Payments

$29,556,278

The 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 $29,268,428

Increase other funds to reflect an adjustment in the employer rate for the Employees' Retirement System.

$0

$530,110

Reduce other funds for one-time computer-related expenses.

$0 ($242,260)

Reflect changes to the purpose statement. (G:YES) (CC:YES)

$0

$0

Amount appropriated in this Act

$0 $29,556,278

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

$667,744,434 $66,509,000 $66,509,000 $268,710,000 $268,613,230
$96,770 $330,570,350 $330,570,350
$1,360,000 $1,360,000

47.1. Adult Literacy

Purpose: The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills.

Total Funds

$39,400,984

Federal Funds and Grants

$20,447,889

Federal Funds Not Specifically Identified

$20,447,889

Other Funds

$5,480,000

5246

JOURNAL OF THE HOUSE

Agency Funds

$5,480,000

State Funds

$13,473,095

State General Funds

$13,473,095

The 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 29.781%.

$269,119

$269,119

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$72,865

$72,865

Reflect an adjustment in telecommunications expenses.

($224)

($224)

Reflect an adjustment in the workers' compensation premium.

($2,797)

($2,797)

Reflect an adjustment in unemployment insurance premiums.

$344

$344

Increase funds for general liability premiums.

$14,157

$14,157

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($9,690)

($9,690)

Transfer funds and personnel from the Departmental Administration program to realign the budget to the appropriate program.

$239,721 $1,577,610

Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.

$61,546

$61,546

Amount appropriated in this Act

$13,473,095 $39,400,984

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

$8,812,122

Federal Funds and Grants

$62,111

Federal Funds Not Specifically Identified

$62,111

Other Funds

$100,000

Agency Funds

$100,000

State Funds

$7,944,927

State General Funds

$7,944,927

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:

TUESDAY, MARCH 27, 2012

5247

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 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services and operating expenses. Reduce funds for contractual services. Transfer funds and administrative personnel from the Quick Start program to the Departmental Administration program. Transfer funds and personnel to the Adult Literacy program to realign the budget to the appropriate program. Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. Eliminate one vacant position in the Office of Communications. (G:YES) (CC:YES) Amount appropriated in this Act

State Funds $7,635,862
$130,786

Total Funds $9,840,946
$130,786

$124,700

$124,700

($606) ($2,943)

($606) ($2,943)

$265 $8,810 $8,519 ($4,120)

$265 $8,810 $8,519 ($4,120)

($122,717) ($30,000) $421,466

($122,717) ($30,000) $421,466

($239,721) ($1,577,610)

$14,626

$14,626

$0

$0

$7,944,927 $8,812,122

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 startup, 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

$22,508,020

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

$12,578,020

State General Funds

$12,578,020

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5248

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 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium.
Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.
Transfer funds and administrative personnel from the Quick Start program to the Departmental Administration program. Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%.
Amount appropriated in this Act

State Funds $12,769,875
$119,305
$73,698
($4,020)
$362 $10,354 ($5,598)
($421,466)
$35,510
$12,578,020

Total Funds $22,699,875
$119,305
$73,698
($4,020)
$362 $10,354 ($5,598)
($421,466)
$35,510
$22,508,020

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 postsecondary education or training to increase their competitiveness in the workplace.

Total Funds

$597,023,308

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

$296,574,308

State General Funds

$296,574,308

Intra-State Government Transfers

$1,250,000

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 29.781%.

$6,171,721

$6,171,721

TUESDAY, MARCH 27, 2012

5249

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Eliminate one-time funds for CDL Truck Driving program. Annualize savings from FY 2012 branch location closures. Provide funding for enrollment growth based on a 6.6% increase in credit hours and 4.5% increase in square footage. Reduce funds for operating expenses. Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. Amount appropriated in this Act

$1,760,676
($27,909) ($92,464)
$11,404 $307,730 $150,820 ($322,091)
($4,500,000) ($2,990,825) $16,843,896
($2,031,876) $1,256,131
$296,574,308

$1,760,676
($27,909) ($92,464)
$11,404 $307,730 $150,820 ($322,091)
($4,500,000) ($2,990,825) $16,843,896
($2,031,876) $1,256,131
$597,023,308

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

$2,011,398,143 $1,210,491,192 $1,143,629,823
$66,861,369 $5,730,658 $5,724,308
$6,350 $794,416,060 $786,775,273
$7,640,787 $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

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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. 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.

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

$38,607,589

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

$3,064,237

State General Funds

$3,064,237

The 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 29.781%.

$4,027

$4,027

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$4,142

$4,142

Reflect an adjustment in the workers' compensation premium.

($586)

($586)

Reflect an adjustment in unemployment insurance premiums.

($57)

($57)

Increase funds for general liability premiums.

$102,673

$102,673

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($320)

($320)

TUESDAY, MARCH 27, 2012

5251

Reduce grant funds for airport aid projects to reflect state match requirements. (CC:Provide grant funds for Airport Aid projects including Blairsville, Hampton, North Georgia Regional Airports, Americus, Bainbridge, Griffin, Rome, and Valdosta.)
Amount appropriated in this Act

$500,000

$500,000

$3,064,237 $38,607,589

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

$886,908,178

Federal Funds and Grants

$675,252,699

Federal Highway Administration Highway Planning and Construction

$675,252,699

State Funds

$211,655,479

Motor Fuel Funds

$211,655,479

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)

$198,639,678 $873,892,377

Transfer surplus funds from the Payments to State Road and Tollway Authority program to the Capital Construction Projects program for capital outlay projects.

$13,015,801 $13,015,801

Amount appropriated in this Act

$211,655,479 $886,908,178

48.3. Capital Maintenance Projects

Purpose: The purpose of this appropriation is to provide funding for Capital Outlay for maintenance projects.

Total Funds

$188,778,535

Federal Funds and Grants

$128,218,385

Federal Highway Administration Highway Planning and Construction

$128,218,385

State Funds

$60,560,150

Motor Fuel Funds

$60,560,150

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)

$26,154,596 $154,372,981

Provide contract funds to maintain state assets.

$34,405,554 $34,405,554

Amount appropriated in this Act

$60,560,150 $188,778,535

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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

State Funds

$74,357,642

Motor Fuel Funds

$74,357,642

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

Redistribute funds from Capital Construction Projects to Construction Administration.

$50,000,000 $50,000,000

Amount appropriated in this Act

$74,357,642 $139,415,632

48.5. Data Collection, Compliance and Reporting

Purpose: The purpose of this appropriation is to collect and disseminate crash, accident, 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

$62,821,793

Federal Funds and Grants

$10,839,823

Federal Highway Administration Highway Planning and Construction

$10,839,823

Other Funds

$898,970

TUESDAY, MARCH 27, 2012

5253

Agency Funds State Funds Motor Fuel Funds

$898,970 $51,083,000 $51,083,000

48.7. Economic Development Infrastructure Grants

Purpose: The purpose of this appropriation is to provide capital road construction grants in order to attract and promote economic development, job creation, and local infrastructure improvements including educational facility access.

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

Amount appropriated in this Act

$0

$0

48.8. 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

$110,642,250

State Funds

$110,642,250

Motor Fuel Funds

$110,642,250

The 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 funds for local road improvement grants.

$10,000,000 $10,000,000

Amount appropriated in this Act

$110,642,250 $110,642,250

48.9. 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

$50,208,468

Federal Funds and Grants

$32,758,670

Federal Highway Administration Highway Planning and Construction

$32,758,670

State Funds

$16,854,565

Motor Fuel Funds

$16,854,565

Intra-State Government Transfers

$595,233

Other Intra-State Government Payments

$595,233

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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)

$36,476,968 $69,830,871

Transfer surplus personal service funds in the Local Roads ($19,622,403) ($19,622,403) Administration program to the Capital Construction Projects program for capital outlay projects.

Amount appropriated in this Act

$16,854,565 $50,208,468

48.10. 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

$18,439,878

Federal Funds and Grants

$14,683,804

Federal Highway Administration Highway Planning and Construction

$14,683,804

State Funds

$3,756,074

Motor Fuel Funds

$3,756,074

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (HB78)

$3,756,074 $18,439,878

Increase funds for a pilot bridge capacity monitoring project.

$0

$0

(CC:In conjunction with the Governor's Office of Highway

Safety, explore federal funding options for the pilot bridge

capacity monitoring project.)

Amount appropriated in this Act

$3,756,074 $18,439,878

48.11. 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

$941,812

State Funds

$941,812

State General Funds

$941,812

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)

$698,744

$698,744

TUESDAY, MARCH 27, 2012

5255

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Provide funds for increased tax assessments. Reduce personal services to reflect projected expenditures. Amount appropriated in this Act

$2,441
$2,821
($399)
($39) $69,915
($218)
$235,000 ($66,453) $941,812

$2,441
$2,821
($399)
($39) $69,915
($218)
$235,000 ($66,453) $941,812

48.12. 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

$445,130

Other Funds

$88,239

Agency Funds

$88,239

State Funds

$356,891

State General Funds

$356,891

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)

$174,707

$262,946

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$1,916

$1,916

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$3,127

$3,127

Reflect an adjustment in the workers' compensation premium.

($442)

($442)

Reflect an adjustment in unemployment insurance premiums.

($43)

($43)

Increase funds for general liability premiums.

$77,511

$77,511

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($242)

($242)

Transfer funds and two positions from the Transit program to the Rail program for project management.

$100,357

$100,357

Amount appropriated in this Act

$356,891

$445,130

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48.13. Routine Maintenance

Purpose: The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for emergency operations on state routes, and to maintain state rest areas and welcome centers.

Total Funds

$198,597,858

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

$173,068,804

Motor Fuel Funds

$173,068,804

The 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

Provide funds for operating expenses.

$9,767,759 $9,767,759

Amount appropriated in this Act

$173,068,804 $198,597,858

48.14. Traffic Management and Control

Purpose: The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals.

Total 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

48.15. 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.

TUESDAY, MARCH 27, 2012

5257

Total Funds

$34,608,214

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

$3,277,847

State General Funds

$3,277,847

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)

$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 29.781%.

$20,542

$20,542

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$18,064

$18,064

Reflect an adjustment in the workers' compensation premium.

($2,555)

($2,555)

Reflect an adjustment in unemployment insurance premiums.

($250)

($250)

Increase funds for general liability premiums.

$447,729

$447,729

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($1,399)

($1,399)

Reduce contract funds for metropolitan transit planning.

($80,452)

($80,452)

Reduce grant funds to large urbanized area transit systems.

($400,000) ($400,000)

Transfer funds and two positions from the Transit program to the Rail program for project management.

($100,357)

($100,357)

Amount appropriated in this Act

$3,277,847 $34,608,214

The following appropriations are for agencies attached for administrative purposes.

48.16. 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 capitalize the Community Improvement District Congestion Relief Fund.

Total Funds

$210,507,875

Federal Funds and Grants

$148,156,201

Federal Highway Administration Highway Planning and Construction

$148,156,201

State Funds

$62,351,674

Motor Fuel Funds

$62,351,674

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)
Transfer funds from the Payments to State Road and Tollway Authority program to the Capital Construction Projects program for capital outlay projects.
Amount appropriated in this Act

State Funds $86,745,811 ($24,394,137)
$62,351,674

Total Funds $234,902,012 ($24,394,137)
$210,507,875

Section 49: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds

$38,690,010 $18,260,569 $18,260,569 $20,429,441 $20,429,441

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

$1,378,152

State Funds

$1,378,152

State General Funds

$1,378,152

The 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

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$16,219

$16,219

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$13,824

$13,824

Reflect an adjustment in telecommunications expenses.

$37,493

$37,493

Reflect an adjustment in the workers' compensation premium.

($1,397)

($1,397)

Reflect an adjustment in unemployment insurance premiums.

($686)

($686)

Increase funds for general liability premiums.

$499

$499

Increase funds to reflect an adjustment in PeopleSoft billings.

$2,232

$2,232

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($421)

($421)

Reduce funds for contracts.

($1,200)

($1,200)

TUESDAY, MARCH 27, 2012

5259

Transfer funds from the Georgia War Veterans Nursing Home-Milledgeville program to the Administration program for rental costs.
Transfer funds from the Georgia War Veterans Nursing Home-Augusta program to the Administration program for telecommunication costs.
Amount appropriated in this Act

$21,268

$21,268

$6,900

$6,900

$1,378,152 $1,378,152

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

$662,958

Federal Funds and Grants

$178,004

Federal Funds Not Specifically Identified

$178,004

State Funds

$484,954

State General Funds

$484,954

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds Total Funds

Amount from prior Appropriation Act (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 29.781%.

$9,004

$9,004

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$11,059

$11,059

Reflect an adjustment in telecommunications expenses.

$4,687

$4,687

Reflect an adjustment in the workers' compensation premium.

($171)

($171)

Increase funds for general liability premiums.

$400

$400

Replace state funds with increased federal payment for

($142,304)

$0

veteran burials.

Transfer funds from the Georgia War Veterans Nursing Home-Augusta program to the Georgia Veterans Memorial Cemetery program for telecommunications costs.

$3,475

$3,475

Transfer funds from the Georgia War Veterans Nursing Home-Milledgeville program to the Georgia Veterans Memorial Cemetery program for energy costs ($15,136) and personal services ($20,762).

$35,898

$35,898

Amount appropriated in this Act

$484,954

$662,958

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 to serve as a teaching facility for the Medical College of Georgia.

Total Funds

$10,321,412

Federal Funds and Grants

$5,286,048

Federal Funds Not Specifically Identified

$5,286,048

State Funds

$5,035,364

State General Funds

$5,035,364

The 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.

($93,528)

($95,411)

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

$5,035,364 $10,321,412

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

$16,007,504

Federal Funds and Grants

$8,173,077

Federal Funds Not Specifically Identified

$8,173,077

State Funds

$7,834,427

State General Funds

$7,834,427

The 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.

($172,700) ($230,605)

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

$7,834,427 $16,007,504

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

TUESDAY, MARCH 27, 2012

5261

their families about veterans' benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

Total Funds

$10,319,984

Federal Funds and Grants

$4,623,440

Federal Funds Not Specifically Identified

$4,623,440

State Funds

$5,696,544

State General Funds

$5,696,544

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)

$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 29.781%.

$67,656

$67,656

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$113,360

$113,360

Reflect an adjustment in telecommunications expenses.

$35,930

$35,930

Reflect an adjustment in the workers' compensation premium.

($1,840)

($1,840)

Reflect an adjustment in unemployment insurance premiums.

($910)

($910)

Increase funds for general liability premiums.

$4,093

$4,093

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($7,452)

($7,452)

Reduce funds for contracts.

($1,000)

($1,000)

Transfer funds from the Georgia War Veterans Nursing Home-Augusta program to the Veterans Benefits program for telecommunications costs.

$39,500

$39,500

Amount appropriated in this Act

$5,696,544 $10,319,984

Section 50: Workers' Compensation, State Board of Total Funds Other Funds Agency Funds State Funds State General Funds

$22,479,007 $523,832 $523,832
$21,955,175 $21,955,175

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

$11,705,873

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Other Funds

$458,353

Agency Funds

$458,353

State Funds

$11,247,520

State General Funds

$11,247,520

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)

$10,891,055 $11,349,408

Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%.

$157,981

$157,981

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$166,625

$166,625

Reflect an adjustment in telecommunications expenses.

$40,208

$40,208

Reflect an adjustment in the workers' compensation premium.

($13,470)

($13,470)

Reflect an adjustment in unemployment insurance premiums.

$3,607

$3,607

Increase funds for general liability premiums.

$7,022

$7,022

Increase funds to reflect an adjustment in PeopleSoft billings.

$1,314

$1,314

Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73.

($6,822)

($6,822)

Amount appropriated in this Act

$11,247,520 $11,705,873

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

$10,773,134

Other Funds

$65,479

Agency Funds

$65,479

State Funds

$10,707,655

State General Funds

$10,707,655

The 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 29.781%.

$27,203

$27,203

Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System.

$92,879

$92,879

Reflect an adjustment in telecommunications expenses.

$22,412

$22,412

TUESDAY, MARCH 27, 2012

5263

Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Increase payment to the Office of the State Treasurer from $4,728,320 to $5,303,747. (G:YES) (CC:YES) Amount appropriated in this Act

($7,509)
$2,011 $3,914
$732 ($3,802)
$0
$10,707,655

($7,509)
$2,011 $3,914
$732 ($3,802)
$0
$10,773,134

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

$1,136,681,583 $11,353,993 $11,353,993
$1,125,327,590 $182,874,061 $942,453,529

51.1. GO Bonds Issued

Total Funds

$1,053,269,299

Federal Funds and Grants

$11,353,993

Federal Funds Not Specifically Identified

$11,353,993

State Funds

$1,041,915,306

Motor Fuel Funds

$182,874,061

State General Funds

$859,041,245

The 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

Transfer funds from GO Bonds New to GO Bonds issued to reflect the issuance of new bonds.

$68,828,096 $68,828,096

Reduce funds for debt service to capture savings associated ($11,190,588) ($11,190,588) with favorable rates received with the bond sale.

Reduce funds for debt service.

($10,760,535) ($10,760,535)

Repeal the authorization of $10,000,000 in 20-year bonds for the College Football Hall of Fame from FY 2011 (HB 948).

($872,000)

($872,000)

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Repeal the authorization of $5,000,000 in 20-year bonds for the Georgia World Congress Center expanded parking facility and related improvements from FY 2012 (HB 78).
Amount appropriated in this Act

($454,000) ($454,000) $1,041,915,306 $1,053,269,299

51.2. GO Bonds New

Total Funds

$83,412,284

State Funds

$83,412,284

State General Funds

$83,412,284

The 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 funds from GO Bonds New to GO Bonds issued to ($68,828,096) ($68,828,096) reflect the issuance of new bonds.

Increase funds for debt service for new bonds.

$83,412,284 $83,412,284

Amount appropriated in this Act

$83,412,284 $83,412,284

Bond Financing Appropriated:
[Bond # 1] From State General Funds, $4,820,992 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 $56,320,000 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, $2,202,488 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $25,730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 3] From State General Funds, $2,524,344 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 $29,490,000 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, $1,208,244 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 $14,115,000 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, $2,178,330 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

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5265

$9,430,000 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, $404,032 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 $4,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 7] From State General Funds, $3,280,000 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 $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 # 8] From State General Funds, $176,764 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 $2,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 9] From State General Funds, $346,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 10] From State General Funds, $254,100 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 11] From State General Funds, $646,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 12] From State General Funds, $323,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

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improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 13] From State General Funds, $531,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 14] From State General Funds, $462,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 15] From State General Funds, $2,396,800 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 $28,000,000 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, $4,476,880 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $52,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 17] From State General Funds, $2,157,120 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 18] From State General Funds, $5,050,400 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 $59,000,000 in principal amount of General Obligation Debt, the

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5267

instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 19] From State General Funds, $2,996,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $35,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 20] From State General Funds, $2,310,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 21] From State General Funds, $1,848,000 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 22] From State General Funds, $411,180 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,780,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 23] From State General Funds, $108,284 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 24 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 # 25] From State General Funds, $556,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of

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Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 26] From State General Funds, $1,284,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 27] From State General Funds, $821,760 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 $9,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 28] From State General Funds, $2,739,200 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 $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 # 29] 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 # 30] 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.
[Bond # 31] 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

TUESDAY, MARCH 27, 2012

5269

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 # 32] From State General Funds, $352,275 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 33] From State General Funds, $599,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 34] From State General Funds, $520,905 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the boards of trustees of public libraries or boards of trustees of public library systems, through the issuance of not more than $2,255,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 35] From State General Funds, $113,420 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Royston Public Library, for that library, through the issuance of not more than $1,325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 36] From State General Funds, $66,768 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 Milner Public Library, for that library, through the issuance of not more than $780,000 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, $508,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 38] From State General Funds, $256,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond # 39] From State General Funds, $1,848,000 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 40] From State General Funds, $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 # 41] From State General Funds, $184,800 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 42] From State General Funds, $337,260 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 $1,460,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 43] From State General Funds, $381,348 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 44] From State General Funds, $545,700 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 45] From State General Funds, $131,824 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,

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5271

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,540,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 46] From State General Funds, $358,236 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,185,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 47] From State General Funds, $494,340 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 48] From State General Funds, $338,976 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 $3,960,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 49] From State General Funds, $1,198,400 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 50] From State General Funds, $1,369,600 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 51] From State General Funds, $984,400 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,500,000 in principal amount of General Obligation Debt, the instruments of which shall

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have maturities not in excess of two hundred and forty months.
[Bond # 52] From State General Funds, $1,078,560 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 53] 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 # 54] From State General Funds, $300,300 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 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, $231,000 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 $1,000,000 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, $19,260 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 $225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 57] From State General Funds, $564,795 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 $2,445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 58] From State General Funds, $649,110 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the

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acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,810,000 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, $256,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 60] From State General Funds, $462,000 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 $2,000,000 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, $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 # 62] From State General Funds, $184,800 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 $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, $29,960 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 $350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 64] From State General Funds, $160,545 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

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$695,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 65] From State General Funds, $201,160 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,350,000 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, $554,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 67] From State General Funds, $524,800 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 68] From State General Funds, $319,288 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 69] From State General Funds, $51,975 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 $225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 70] From State General Funds, $252,520 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,950,000 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, $1,284,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 72] From State General Funds, $301,760 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 $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 73] From State General Funds, $95,872 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 74] From State General Funds, $401,940 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,740,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 75] From State General Funds, $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 # 76] From State General Funds, $273,920 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 77] From State General Funds, $554,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

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waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 78] From State General Funds, $141,240 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 79] From State General Funds, $214,856 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 80] From State General Funds, $454,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 81] From State General Funds, $214,000 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 $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 # 82] From State General Funds, $254,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 83] From State General Funds, $311,850 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 $1,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in

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excess of sixty months.
[Bond # 84] From State General Funds, $144,375 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $625,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 85] From State General Funds, $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 # 86] From State General Funds, $196,350 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 $850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 87] From State General Funds, $288,472 is specifically appropriated to the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 88] From State General Funds, $1,362,000 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 $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 89] From State General Funds, $1,690,600 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 $19,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 90] From State General Funds, $410,880 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and

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local government entities for water or sewerage facilities or systems, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 91] From State General Funds, $410,880 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 $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 92] 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 # 93] From State General Funds, $3,997,520 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 $46,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 94] From State General Funds, $133,476 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,470,000 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 50 of the General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 164, 160, Act No. 684, 2010 Regular Session, H.B. 948) which reads as follows:
[Bond # 78] From State General Funds, $872,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1

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of 147, 140, Act No. 2, 2011 Regular Session, H.B. 77), and which amended reads as follows:
[Bond # 73] From State General Funds, $872,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
is hereby repealed in its entirety.
The following paragraph of Section 50 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, Act No. 223, 2011 Regular Session, H.B. 78) which reads as follows:
Economic Development, Department of 379.212 BOND: Georgia World Congress Center: $5,000,000 in principal for 20 years at 5.75%: Fund an expanded parking facility and related improvements. 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 240 months.
and carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Act No. 406, 2012 Regular Session, H.B. 741), and which amended reads as follows:
[Bond 379.212] Georgia World Congress Center: $5,000,000 in principal for 20 years at 5.75%: Fund an expanded parking facility and related improvements. 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 240 months.
is hereby repealed in its entirety.
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 refunds of taxes

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and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law.
Section 54: Leases In accordance with the requirements of Article IX, Section III, Paragraph I(a) 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, then 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 shall constitute a first charge on all such appropriations.
Section 55: Budgetary Control and Interpretation The appropriations of State Funds in this Act shall consist of the amount stated for each line at the most specific 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 shall consist of the amount stated at the broadest or summary level of detail associated with the statement of Program Name and Program Purpose, and the more specific levels of detail shall be 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 broadest or summary level of detail and the more specific detail of appropriations of IntraState Government Transfers shall be deemed more specific levels of detail of Other Funds, and the broadest or summary amount shall be deemed added to the broadest or summary amount of the appropriation of Other Funds for the program.
Within this Act, Program Names appear as underlined captions, and Program Purpose appears immediately below as italicized text. Text within a box is not an appropriation but rather is for information only. The most specific level of detail for authorizations for general obligation debt in Section 51 shall be the authorizing paragraphs.
Section 56: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit.
In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation Intra-State

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Government Transfers. This paragraph shall not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes.
For purposes of 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 shall be the amount stated, and each such 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 shall be reduced in the same amount, such that the stated total in program appropriations from that State fund source for the two programs shall not be exceeded. However, the additional amount shall be from a State fund source which is lawfully available for the program to which it is added.
PART II
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
PART III
All laws and parts of laws in conflict with this Act are repealed.

Representative England of the 108th moved that the House adopt the report of the Committee of Conference on HB 742.

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

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

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

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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser

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

Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E Y Smith, K
Smith, L Y Smith, R E 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 N Waites

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

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

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

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

On the motion, the ayes were 143, nays 24.

The motion prevailed.

Representatives Harrell of the 106th, Rice of the 51st, and Smith of the 70th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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 "nay" thereon.

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 Knight of the 126th was excused 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 substitute, by the requisite constitutional majority, the following bills of the House:
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.

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HB 1236. By Representatives Marin of the 96th and Rice of the 51st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 398. By Representatives Fludd of the 66th, Bruce of the 64th, Jones of the 44th and Taylor of the 55th:
A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 19, 2009 (Ga. L. 2009, p. 4004), so as to correct certain typographical errors; to amend certain provisions so as to comply with the federal Uniformed Services Employment and Reemployment Rights Act of 1994 and the federal Heroes Earnings Assistance and Relief Tax Act of 2008; to repeal conflicting laws; and for other purposes.
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.
HB 1272. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, so as to limit the membership of the chairperson and commissioners on boards and authorities; to provide for the compensation of the chairperson; to provide for filling a vacancy in office; to limit the terms of the vice chairperson; to provide for a person to assume the position of chairperson in the event of a vacancy or disability; to provide for placing

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items on meeting agenda; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1276. By Representative Stephens of the 164th:
A BILL to be entitled an Act to provide a new charter for the City of Richmond Hill; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1278. By Representatives Knight of the 126th and Yates of the 73rd:
A BILL to be entitled an Act to authorize the Magistrate Court of Spalding County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1279. By Representatives Knight of the 126th and Yates of the 73rd:
A BILL to be entitled an Act to authorize the Probate Court of Spalding County to charge a technology fee for each civil case filed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1280. By Representatives Knight of the 126th and Yates of the 73rd:
A BILL to be entitled an Act to amend an Act creating the State Court of Spalding County, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1282. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to change provisions relating to the number of

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meetings to be held by the board; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1283. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for Charlton County, approved March 25, 1996 (Ga. L. 1996, p. 3608); to specify the vehicle registration period for Charlton County; to repeal conflicting laws; and for other purposes.
HB 1284. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act changing the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3601), 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 conditional automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 1285. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, 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 conditional automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 1286. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. L. 1935, p. 807), as amended, so as to change the description of the commissioner 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.

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HB 1287. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, so as 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 1288. By Representative Powell of the 29th:
A BILL to be entitled an Act to re-create and reconstitute the Hart County Water and Sewer Authority; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to repeal a certain Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
HB 1294. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Williamson," approved April 7, 1992 (Ga. L. 1992, p. 5651), so as to change the terms of office of the mayor and members of the city council; to provide for elections; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 1295. By Representative Harden of the 28th:
A BILL to be entitled an Act to amend an Act to divide the County of Stephens into school districts, approved March 23, 1977 (Ga. L. 1977, p. 3875), 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 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 1296. By Representative Harden of the 28th:
A BILL to be entitled an Act to authorize the governing authority of the City of Toccoa to levy an excise tax pursuant to subsection (b) of Code Section 48-

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13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1297. By Representatives Sims of the 169th, Smith of the 168th and Roberts of the 154th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of Jeff Davis County for the purpose of ascertaining whether the judge of the Probate Court of Jeff Davis County shall also serve as the chief magistrate judge of the Magistrate Court of Jeff Davis County; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 2:15 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 100. By Representatives Peake of the 137th, Williams of the 4th, Lindsey of the 54th, Knight of the 126th, Abrams of the 84th and others:
A BILL to be entitled an Act to amend Titles 15, 9, 48, and 50 of the Official Code of Georgia Annotated, relating, respectively, to courts, civil practice, revenue and taxation, and state government, so as to create the Georgia Tax Court as a pilot project of limited duration under Article VI, Section I, Paragraph X of the Georgia Constitution; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
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.
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1873 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 Intra-Governmental Coordination has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 533 Do Pass
Respectfully submitted, /s/ Sims of the 169th
Chairman
The following Resolutions of the House were read and adopted:
HR 2052. 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 Mrs. Cecilia Harbison; and for other purposes.
HR 2053. By Representatives Mosby of the 90th, Stephenson of the 92nd, DawkinsHaigler of the 93rd and Kendrick of the 94th:
A RESOLUTION recognizing and commending the National Organization of Black County Officials, Inc.; and for other purposes.
HR 2054. By Representatives Teasley of the 38th, Coomer of the 14th, England of the 108th, Jackson of the 142nd, Abrams of the 84th and others:
A RESOLUTION recognizing and commending the State of Israel; and for other purposes.
HR 2055. By Representatives Ralston of the 7th, Wilkinson of the 52nd, Watson of the 163rd, Holmes of the 125th, Martin of the 47th and others:

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A RESOLUTION recognizing and commending Mr. Charley Trippi; and for other purposes.
HR 2056. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Forest Park High School; and for other purposes.
HR 2057. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Ms. Laura Turner Seydel; and for other purposes.
HR 2058. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending the Samuel Chapter #92 of the Order of the Eastern Star and President Kay Jackson; and for other purposes.
HR 2059. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Ms. Lisa P. Jackson; and for other purposes.
HR 2060. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Dr. Gary A. McGaha; and for other purposes.
HR 2061. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Mr. Michael Hightower; and for other purposes.
HR 2062. By Representatives Clark of the 98th, Dunahoo of the 25th, Rogers of the 26th, Collins of the 27th, Amerson of the 9th and others:
A RESOLUTION recognizing July 21, 2012, as Pirates Day on Lake Lanier; and for other purposes.
HR 2063. By Representatives Dickey of the 136th, Holmes of the 125th and Williams of the 113th:

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A RESOLUTION recognizing and commending Boy Scouts of America Troop 51 on the occasion of its 100th anniversary; and for other purposes.
HR 2064. By Representatives Drenner of the 86th, Henson of the 87th, Benfield of the 85th, Williams of the 89th and Mayo of the 91st:
A RESOLUTION recognizing and commending Good Growth DeKalb; and for other purposes.
HR 2065. By Representatives Drenner of the 86th, Henson of the 87th, Mosby of the 90th, Williams of the 89th and Mayo of the 91st:
A RESOLUTION recognizing and commending Georgia Perimeter College President Anthony Tricoli; and for other purposes.
HR 2066. By Representatives Howard of the 121st, Murphy of the 120th, Frazier of the 123rd and Smith of the 122nd:
A RESOLUTION recognizing and commending the Lucy C. Laney High School boys basketball team on their GHSA AA State Championship; and for other purposes.
HR 2067. By Representatives Wilkerson of the 33rd, Johnson of the 37th, Evans of the 40th, Jones of the 44th, Kendrick of the 94th and others:
A RESOLUTION recognizing and commending Gateway Martial Arts on the occasion of its tenth anniversary; and for other purposes.
HR 2068. By Representatives Clark of the 98th, Coleman of the 97th, Rice of the 51st, Sheldon of the 105th and Casas of the 103rd:
A RESOLUTION honoring the life and memory of Ms. Selma McDonald Medlock Cheeley; and for other purposes.
HR 2069. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending Pastor Jerry L. Brown; and for other purposes.
HR 2070. By Representative Cheokas of the 134th:
A RESOLUTION honoring the life and memory of Dr. Thomas E. Bryant; and for other purposes.

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HR 2071. By Representative Baker of the 78th:
A RESOLUTION recognizing and commending We Are Clayton Magazine; and for other purposes.
HR 2072. By Representative Jacobs of the 80th:
A RESOLUTION recognizing and commending Andrew Andersen Roberts; and for other purposes.
HR 2073. By Representatives Holcomb of the 82nd, Mosby of the 90th and Bell of the 58th:
A RESOLUTION recognizing and commending Georgia Perimeter College; and for other purposes.
HR 2074. By Representatives Cooper of the 41st, Watson of the 163rd, Howard of the 121st, Cheokas of the 134th and Ramsey of the 72nd:
A RESOLUTION recognizing June 20, 2012, as Diabetic Peripheral Neuropathy Alert Day at the capitol to raise awareness of the dangers of Diabetic Peripheral Neuropathy; and for other purposes.
HR 2075. By Representatives Holcomb of the 82nd, Abrams of the 84th, Lindsey of the 54th and Jones of the 46th:
A RESOLUTION recognizing and commending the World Affairs Council of Atlanta; and for other purposes.
HR 2076. 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 Mr. Verner Spence "Sug" Hamrick; and for other purposes.
HR 2077. 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 Dr. V.C. Lovell; and for other purposes.
HR 2078. By Representatives Houston of the 170th, Roberts of the 154th and McBrayer of the 153rd:

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A RESOLUTION honoring the life and memory of Ms. Donna Elizabeth Tillman; and for other purposes.
HR 2079. By Representative Jacobs of the 80th:
A RESOLUTION recognizing and commending Matthew Jonathan Segars; and for other purposes.
HR 2080. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Ms. Alana Ellenburg, Pepperell High School and the Floyd County School System's 2012 Teacher of the Year; and for other purposes.
HR 2081. By Representatives Kaiser of the 59th, Ashe of the 56th, Bell of the 58th, Gardner of the 57th and Dobbs of the 53rd:
A RESOLUTION recognizing and commending Pastor Leroy Barber's initiative, "Green My Hood"; and for other purposes
HR 2082. By Representative Martin of the 47th:
A RESOLUTION recognizing and commending Ms. Betty Swanson on the occasion of her retirement; and for other purposes.
HR 2083. By Representatives Coleman of the 97th, Maxwell of the 17th, Buckner of the 130th, Williams of the 89th, England of the 108th and others:
A RESOLUTION commending Mr. Russell Hinton and wishing him happiness in retirement; and for other purposes.
HR 2084. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Waites of the 60th and Scott of the 76th:
A RESOLUTION recognizing and commending Mr. Detrick Stanford on his outstanding public service; and for other purposes.
HR 2085. By Representatives Lindsey of the 54th, Dobbs of the 53rd and Wilkinson of the 52nd:
A RESOLUTION recognizing and commending Andrew Andersen Roberts; and for other purposes.

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HR 2086. By Representatives Kaiser of the 59th, Bell of the 58th, Ashe of the 56th, Gardner of the 57th and Dobbs of the 53rd:
A RESOLUTION recognizing and commending the 2012 Henry W. Grady High School Mock Trial Team; and for other purposes.
HR 2087. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Shorter University men's basketball Head Coach Chad Warner; and for other purposes.
HR 2088. By Representatives Powell of the 29th, Ralston of the 7th, Greene of the 149th, Smyre of the 132nd, England of the 108th and others:
A RESOLUTION recognizing and commending Representative Bob Hanner; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
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 Senate substitute was read:
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

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reporting requirements with respect to performance of abortions; to change certain provisions relating to civil and professional penalties for violations of the "Woman's Right to Know Act"; to provide for confidentiality; 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; (4.1) Probable gestational age is an estimate made to assume the closest time to which the fertilization of a human ovum occurred and does not purport to be an exact diagnosis of when such fertilization occurred; 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.

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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 the pregnancy is diagnosed as medically futile, as such term is defined in Code Section 31-9B-1, or 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.

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(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) 'Medically futile' means that stage of a pregnancy when, in the judgment of the attending physician using the appropriate standard of care for making such a determination, he or she diagnoses the unborn child with a congenital or chromosomal anomaly that is incompatible with life. (4) 'Physician' has the meaning provided by Code Section 31-9A-2. (5) '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. (6) '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. (7) 'Unborn child' has the meaning provided by Code Section 31-9A-2.
31-9B-2. (a) Except in the case of a medical emergency or when a pregnancy is diagnosed as medically futile, 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

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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; (2) If a determination of probable gestational age was not made, the basis of the determination that a medical emergency existed or that a pregnancy was diagnosed as medically futile; (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 medically futile pregnancy or 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 the pregnancy was medically futile or 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) The department shall ensure that the names and identities of the physicians filing reports under this chapter shall remain confidential. The names and identities of such physicians shall not be subject to Article 4 of Chapter 18 of Title 50. (d) 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. (e) The department shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of this Code section."
SECTION 3A. Said title is further amended by revising Code Section 31-9A-6.1, relating to civil and professional penalties for violations of the "Woman's Right to Know Act," as follows:

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"31-9A-6.1. (a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall be reported to the Georgia Composite Medical Board for disciplinary action. (b) Any plaintiff seeking relief in the form of civil remedies for a violation of Code Section 31-9B-4 shall produce clear and convincing evidence that the physician determining the probable gestational age of the fetus or the physician whose determination was relied upon was negligent in his or her determination. (c) Any female who solicits or conspires to solicit an abortion who makes a false representation of her age or name shall not have standing to state a claim against any party pursuant to this chapter or Chapter 9B of this title nor shall any agency or instrumentality of the state consider any action related to such claim."
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 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.
Pursuant to Rule 33.2, the House has disagreed to the Senate substitute to HB 954.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

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Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 198. By Representatives Rice of the 51st, Lane of the 167th, Anderson of the 117th, Powell of the 29th and Powell of the 171st:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to extend sunset dates for real estate or personal property filing fees, the statewide uniform automated information system, and the collection and remittance of real estate or personal property filing; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 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.
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.
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

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matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 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 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.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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:

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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 Senate has passed by the requisite constitutional majority the following bills of the House:
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.
HB 534. By Representatives Fullerton of the 151st, Willard of the 49th, Oliver of the 83rd, Powell of the 171st, Dukes of the 150th and others:
A BILL to be entitled an Act to amend Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements in certain counties, so as to modify the eligibility requirements; to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to judges of probate courts as clerks thereof, chief clerk, authority to appoint other clerks, powers of appointed clerks, so as to modify provisions relating to the application of the Code section; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions for probate courts, so as to modify provisions relating to the definition of probate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:

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HB 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 Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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 pumps

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with the definition of the term 'clean energy property'; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 822. By Representatives Lindsey of the 54th, Lane of the 167th, Atwood of the 179th, Oliver of the 83rd and Dollar of the 45th:
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.
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.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.

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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 report of the Committee on Rules was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 27, 2012

Mr. Speaker and Members of the House:

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

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

SB 136 SB 286
SB 293 SB 414

Property; provide for transfer of control of a condominium association in certain circumstances (Judy-Hightower-68th) Hamrick-30th Retirement; tax commissioner or an employee of any such officer; membership; Employees' Retirement System of Georgia (Substitute)(RetMaxwell-17th) Heath-31st License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal (PF) (MotV-Rice-51st) Heath-31st Music Therapists; require licensure by the Secretary of State; establishment of Music Therapy Advisory Group (Substitute)(RegI-Cooper-41st) Unterman-45th

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Modified Structured Rule

SB 37 SB 50 SB 113 SB 410 SB 427 SB 431 SR 84 SR 873

State Properties Commission; multiyear lease agreements; provide for termination of certain rental/lease agreements (Substitute)(SI&P-Neal-1st) Carter-1st Courts; add certain fees for funding of local victim assistance programs (Substitute)(Judy-Willard-49th) Hamrick-30th Local government; municipal corporations; contracts; does not change/conflict with any existing authority (Substitute)(GAff-Parsons42nd) Carter-1st Education; provide annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools/school sys. (Substitute)(Ed-Casas-103rd) Williams-19th Administrative Procedure; require agency procedures for timely processing; applications for issuance/renewal of licenses (Substitute)(NR&E-Knight126th) Tolleson-20th Forgery and Fraudulent Practices; add medical identity fraud to the provisions relating to identity fraud; definitions (Substitute)(JudyNCRamsey-72nd) Hill-32nd General Assembly; authorize state entities to enter into multiyear rental agreements; procedures, conditions, and limitations-CA (Substitute)(SI&PNeal-1st) Carter-1st Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties (Substitute)(SI&P-Davis-109th) Gooch-51st

Structured Rule

SB 284 SB 332

Georgia Land Bank Act; governing creation/operation of land banks; provisions (Substitute)(W&M-Powell-29th) Golden-8th County Sales/Use Tax; expand the matters included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds (Substitute)(W&M-Stephens-164th) Ligon, Jr.-3rd

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

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SB 414. By Senators Unterman of the 45th, Albers of the 56th and Millar of the 40th:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require licensure of music therapists by the Secretary of State; to provide for definitions; to provide for establishment, appointment, and membership of the music therapy advisory group; to provide for licensure application and qualifications; to provide for license renewal; to provide for waiver of examination; to provide for disciplinary actions; 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 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require licensure of music therapists by the Secretary of State; to provide for definitions; to provide for establishment, appointment, and membership of the music therapy advisory group; to provide for licensure application and qualifications; to provide for license renewal; to provide for waiver of examination; to provide for disciplinary actions; to provide for applicability of the Georgia Administrative Procedures Act; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows:
"CHAPTER 25A 43-25A-1. As used in this chapter, the term:
(1) 'Advisory group' means the Music Therapy Advisory Group. (2) 'Board certified music therapist' means an individual who has completed the education and clinical training requirements established by the American Music Therapy Association, has passed the Certification Board for Music Therapists certification examination or transitioned into board certification, and remains actively certified by the Certification Board for Music Therapists. (3) 'Music therapist' means a person licensed to practice music therapy pursuant to this chapter.

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(4) 'Music therapy' means the clinical and evidence based use of music interventions to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan for the client that identifies the goals, objectives, and potential strategies of the music therapy services appropriate for the client using music therapy interventions, which may include music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, music performance, learning through music, and movement to music. This term may include:
(A) Accepting referrals for music therapy services from physicians, psychologists, speech-language pathologists, occupational therapists, physical therapists, audiologists, or other medical, developmental, or mental health professionals; education professionals; family members; clients; or caregivers. Before providing music therapy services to a client for a medical, developmental, or mental health condition, the licensee shall collaborate, as applicable, with the client's physician, psychologist, or mental health professional to review the client's diagnosis, treatment needs, and treatment plan. During the provision of music therapy services to a client for a medical, developmental, or mental health condition, the licensee shall collaborate, as applicable, with the client's speech-language pathologist, occupational therapist, physical therapist, audiologist, or other medical or developmental professional to review the client's diagnosis, treatment needs, and treatment plan; (B) Conducting a music therapy assessment of a client to collect systematic, comprehensive, and accurate information necessary to determine the appropriate type of music therapy services to provide for the client; (C) Developing an individualized music therapy treatment plan for the client; (D) Carrying out an individualized music therapy treatment plan that is consistent with any other medical, developmental, mental health, or educational services being provided to the client; (E) Evaluating the client's response to music therapy and the individualized music therapy treatment plan and suggesting modifications, as appropriate; (F) Developing a plan for determining when the provision of music therapy services is no longer needed in collaboration with the client, any physician, or other provider of health care or education of the client, any appropriate member of the family of the client, and any other appropriate person upon whom the client relies for support; (G) Minimizing any barriers so that the client may receive music therapy services in the least restrictive environment; and (H) Collaborating with and educating the client and the family or caregiver of the client or any other appropriate person about the needs of the client that are being addressed in music therapy and the manner in which the music therapy addresses those needs. (5) 'Office' means the office of the Secretary of State. (6) 'Secretary' means the Secretary of State or his or her designee.

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43-25A-2. (a) There is created within the office of the Secretary of State a Music Therapy Advisory Group which shall consist of five members. (b) The Secretary shall appoint all members of the advisory group. The advisory group shall consist of persons familiar with the practice of music therapy to provide the Secretary with expertise and assistance in carrying out his or her duties pursuant to this chapter. (c) The Secretary shall appoint members of the advisory group to serve for terms of four years. The Secretary shall appoint three members who practice as music therapists in this state; one member who is a licensed health care provider who is not a music therapist; and one member who is a consumer. (d) Members shall serve without compensation. (e) Members may serve consecutive terms at the will of the Secretary. Any vacancy shall be filled in the same manner as the regular appointments.
43-25A-3. (a) The advisory group shall meet at least once per year or as otherwise called by the Secretary. (b) The Secretary shall consult with the advisory group prior to setting or changing fees in this chapter. (c) The advisory group may facilitate the development of materials that the Secretary may utilize to educate the public concerning music therapist licensure, the benefits of music therapy, and utilization of music therapy by individuals and in facilities or institutional settings. (d) The advisory group may act as a facilitator of state-wide dissemination of information between music therapists, the American Music Therapy Association or any successor organization, the Certification Board for Music Therapists or any successor organization, and the Secretary. (e) The advisory group shall provide analysis of disciplinary actions taken, appeals and denials, or revocation of licenses at least once per year. (f) The Secretary shall seek the advice of the advisory group for issues related to music therapy.
43-25A-4. After January 1, 2014, no person without a license as a music therapist shall use the title 'music therapist' or similar title, or perform the duties of a music therapist, provided that this chapter shall not prohibit any practice of music therapy that is an integral part of a program of study for students enrolled in an accredited music therapy program. Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of any profession including occupational therapists, speechlanguage pathologists, physical therapists, or audiologists that may also use music in the scope of their practice.

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43-25A-5. The Secretary shall issue a license to an applicant for a music therapy license when such applicant has completed and submitted an application upon a form and in such manner as the Secretary prescribes, accompanied by applicable fees, and evidence satisfactory to the Secretary that:
(1) The applicant is at least 18 years of age; (2) The applicant holds a bachelor's degree or higher in music therapy, or its equivalent, from a program approved by the American Music Therapy Association or any successor organization within an accredited college or university; (3) The applicant successfully completes a minimum of 1,200 hours of clinical training, with at least 180 hours in preinternship experiences and at least 900 hours in internship experiences, provided that the internship shall be approved by an academic institution, the American Music Therapy Association or any successor organization, or both; (4) The applicant is in good standing based on a review of the applicant's music therapy licensure history in other jurisdictions, including a review of any alleged misconduct or neglect in the practice of music therapy on the part of the applicant; (5) The applicant provides proof of passing the examination for board certification offered by the Certification Board for Music Therapists or any successor organization or provides proof of being transitioned into board certification, and provides proof that the applicant is currently a board certified music therapist; and (6) The applicant has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the Secretary. Application for a license under this Code section shall constitute express consent and authorization for the Secretary or his or her representative to perform a criminal background check. Each applicant who submits an application to the Secretary for licensure by examination agrees to provide the Secretary with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check.
43-25A- 6. (a) Every license issued under this chapter shall be renewed biennially. A license shall be renewed upon payment of a renewal fee if the applicant is not in violation of any of the terms of this chapter at the time of application for renewal. The following shall also be required for license renewal:
(1) Proof of maintenance of the applicant's Certification Board for Music Therapists credentials; and (2) Proof of completion of a minimum of 40 hours of continuing education in a program approved by the Certification Board of Music Therapists or any successor organization and any other continuing education requirements established by the Secretary.

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(b) A licensee shall inform the Secretary of any changes to his or her address. Each licensee shall be responsible for timely renewal of his or her license. (c) Failure to renew a license shall result in forfeiture of the license. Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license, and the Secretary may require the individual to reapply for licensure as a new applicant. (d) Upon written request of a licensee, the Secretary may place an active license on an inactive status subject to an inactive status fee established by the Secretary. The licensee, upon request and payment of the inactive license fee, may continue on inactive status for a period up to two years. An inactive license may be reactivated at any time by making a written request to the Secretary and by fulfilling requirements established by the Secretary.
43-25A-7. The Secretary shall waive the examination requirement for an applicant until January 1, 2014, who is:
(1) Certified as a music therapist and in good standing with the Certification Board for Music Therapists; or (2) Designated as a registered music therapist, certified music therapist, or advanced certified music therapist and in good standing with the National Music Therapy Registry.
43-25A-8. (a) The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee:
(1) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact; (2) Has been convicted of a felony as provided under state law; (3) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under the individual's care; (4) Has had a license to practice music therapy suspended or revoked or has otherwise been subject to discipline related to the individual's practice of music therapy in any other jurisdiction; (5) Has committed a fraudulent insurance act; (6) Excessively or habitually uses alcohol or drugs, provided that the Secretary shall not discipline an individual under this paragraph if the individual is enrolled in a substance abuse program approved by the office; or (7) Has a physical or mental disability that renders the individual incapable of safely administering music therapy services. (b) The Secretary is authorized to conduct investigations into allegations of conduct described in subsection (a) of this Code section.

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(c) In addition to suspension, revocation, denial, or refusal to renew a license, the Secretary shall fine a person found to have violated any provision of this chapter or any rule adopted by the Secretary under this chapter not less than $100.00 nor more than $1,000.00 for each violation. (d) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the Secretary of State and the provisions of this chapter."

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.

An amendment by Representative Harrell of the 106th was ruled out of order because it failed to meet the time requirement pursuant to Rule 33.2(b).

The Committee substitute was adopted.

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

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

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

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson N Dickey Y Dickson Y Dobbs Y Dollar Y Drenner N Dudgeon Y Dukes N Dunahoo N 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 Heckstall Y Hembree Y Henson N Hightower N Hill E Holcomb Y Holmes N Holt
Horne Y Houston E Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James N Jasperse
Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd

N Mayo N 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 N Pak Y Parent Y Parrish Y Parsons Y Peake N Powell, A N Powell, J Y Pruett Y Purcell

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

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

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

N Kirby Y Knight N Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning N Marin Y Martin Y Maxwell

Ramsey Y Randall Y Reece Y Rice N Riley Y Roberts N Rogers, C N Rogers, T
Rynders Y Scott, M Y Scott, S

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 116, nays 49.

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

SB 431. By Senators Hill of the 32nd and Loudermilk of the 52nd:

A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to add medical identity fraud to the provisions relating to identity fraud; to provide for definitions; 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 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful, so as to further define unlawful lotteries with regard to promotions; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to revise a definition; to provide for the applicability of certain provisions to certain games and devices; to revise the prohibition regarding certain noncash redemption items; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise definitions relating to coin operated amusement machines; to provide an exception from a limitation on the allowable number of such machines at the same location; to authorize local governments to adopt any combination of a list of ordinance provisions relating to bona fide coin operated amusement machines; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful, is amended in paragraph (16) of subsection (b) by revising subparagraph (N) and adding a new subparagraph to read as follows:
"(N) Any promotion involving an element of chance which does not conform with the provisions of this paragraph shall be considered an unlawful lottery as defined in Code Section 16-12-20. Except as provided in Code Section 16-12-35 and Chapter 17 of Title 48, any promotion involving an element of chance which involves the playing of a game on a computer, mechanical device, or electronic device at a place of business in this state shall be considered an unlawful lottery as defined in Code Section 16-12-20 and shall not be permitted under this chapter. Any promotion involving the playing of a no-skill game on a computer, mechanical device, or electronic device at a place of business in this state shall be considered an unlawful lottery as defined in Code Section 16-12-20. The administrator may seek and shall receive the assistance of the prosecuting attorneys of this state in the commencement and prosecution of persons who promote and sponsor promotions which constitute an unlawful lottery; (N.1) All prizes offered and awarded shall be noncash prizes only and shall not be redeemable for cash;".
SECTION 2. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by revising paragraph (4) of Code Section 16-12-20, relating to definitions, as follows:
"(4) 'Lottery' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. Except as otherwise provided in Code Section 16-12-35, a lottery shall also include the payment of cash or other consideration or the payment for merchandise or services and the option to participate in or play, even if others can participate or play for free, a no skill game or to participate for cash, other consideration, other evidence of winnings, or other noncash prizes by lot or in a finite pool on a computer, mechanical device, or electronic device whereby the player is able to win a cash or noncash prize, other consideration, or other evidence of winnings. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a:
(A) Promotional giveaway or contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 101-393; (B) Scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions:

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(i) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and (ii) No person to be eligible to receive such prize shall be required to:
(I) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value; (II) Purchase any goods, wares, merchandise, or anything of value from such business; or (III) Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to win such prizes; or and (iii) The prizes awarded shall be noncash prizes and cannot be awarded based upon the playing of a game on a computer, mechanical device, or electronic device at a place of business in this state; (C) Raffle authorized under Code Section 16-12-22.1; or (D) National promotion, contest, or sweepstakes conducted by any corporation or wholly owned subsidiary of such corporation, either directly or through another entity, provided that, at the time of such promotion, contest, or sweepstakes, such corporation: (i) Is registered under the federal Securities Exchange Act of 1934; and (ii) Has total assets of not less than $100 million. The provisions of this part shall not be applicable to games offered by the Georgia Lottery Corporation pursuant to Chapter 27 of Title 50."
SECTION 3. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraphs (2.2) and (2.3) of Code Section 48-17-1, relating to definitions relative to coin operated amusement machines, as follows:
"(2.2) 'Class A machine' means a bona fide coin operated amusement machine that is not a Class B machine, does not allow a successful player to carry over points won on one play to a subsequent play or plays, and:
(A) Provides no reward to a successful player; or (B) Rewards a successful player only with free replays or additional time to play; (C) Rewards a successful player with noncash merchandise, prizes, toys, gift certificates, or novelties in compliance with the provisions of subsection (c) or paragraph (1) of subsection (d) of Code Section 16-12-35, and does not reward a successful player with any item prohibited as a reward in subsection (i) of Code Section 16-12-35 or any reward redeemable as an item prohibited as a reward in subsection (i) of Code Section 16-12-35; (D) Rewards a successful player with points, tokens, tickets, or other evidence of winnings that may be exchanged only for items listed in subparagraph (C) of this paragraph; or

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(E) Rewards a successful player with any combination of items listed in subparagraphs (B), (C), and (D) of this paragraph. (2.3) 'Class B machine' means a bona fide coin operated amusement machine that rewards a successful player with any combination of items listed in subparagraphs (d)(1)(B) and (d)(1)(C) of Code Section 16-12-35 allows a successful player to accrue points on the machine and carry over points won on one play to a subsequent play or plays in accordance with paragraph (2) of subsection (d) of Code Section 16-12-35 and: (A) Rewards a successful player in compliance with the provisions of paragraphs (1) and (2) of subsection (d) of Code Section 16-12-35; and (B) Does not reward a successful player with any item prohibited as a reward in subsection (i) of Code Section 16-12-35 or any reward redeemable as an item prohibited as a reward in subsection (i) of Code Section 16-12-35."
SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"48-17-17. In addition to the state regulatory provisions regarding bona fide coin operated amusement machines contained in Code Section 16-12-35 and this chapter, the governing authority of any county or municipal corporation shall be authorized to enact and enforce an ordinance which includes any or all of the following provisions:
(1) Permitting the offering to the public of more than nine Class B bona fide coin operated amusement machines that reward the player exclusively with noncash merchandise, prizes, toys, gift certificates, or novelties at the same business location; (2) Requiring the owner or operator of a business location which offers to the public any bona fide coin operated amusement machine that rewards the player exclusively as described in subsection (d) of Code Section 16-12-35 to inform all employees of the prohibitions and penalties set out in subsections (e), (f), and (g) of Code Section 16-12-35; (3) Requiring the owner or possessor of any bona fide coin operated amusement machine that rewards the player exclusively as described in subsection (d) of Code Section 16-12-35 to inform each business owner or business operator of the business location where such machine is located of the prohibitions and penalties set out in subsections (e), (f), and (g) of Code Section 16-12-35; (4) Providing for the suspension or revocation of a license granted by such local governing authority to manufacture, distribute, or sell alcoholic beverages or for the suspension or revocation of any other license granted by such local governing authority as a penalty for conviction of the business owner or business operator of a violation of subsection (e), (f), or (g) of Code Section 16-12-35, or both. An ordinance providing for the suspension or revocation of a license shall conform to the due process guidelines for granting, refusal, suspension, or revocation of a license for the manufacture, distribution, or sale of alcoholic beverages set out in subsection (b) of Code Section 3-3-2;

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(5) Providing for penalties, including fines or suspension or revocation of a license as provided in paragraph (4) of this subsection, or both, for a violation of any ordinance enacted pursuant to this subsection; provided, however, that a municipal corporation shall not be authorized to impose any penalty greater than the maximum penalty authorized by such municipal corporation's charter; (6) Requiring any business owner or business operator subject to paragraph (1) of subsection (b) of Code Section 48-17-15 to provide to the local governing authority a copy of each verified monthly report prepared in accordance with such Code section, incorporating the provisions of such Code section in the ordinance, and providing for any and all of the penalties authorized by subsection (d) of Code Section 48-17-15; (7) Requiring the business owner or business operator of any business location which offers to the public one or more bona fide coin operated amusement machines to post prominently a notice including the following or substantially similar language:
'GEORGIA LAW PROHIBITS PAYMENT OR RECEIPT OF MONEY FOR WINNING A GAME OR GAMES ON THIS AMUSEMENT MACHINE; PAYMENT OR RECEIPT OF MONEY FOR FREE REPLAYS WON ON THIS AMUSEMENT MACHINE; PAYMENT OR RECEIPT OF MONEY FOR ANY MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE, OR NOVELTY WON ON THIS AMUSEMENT MACHINE; OR AWARDING ANY MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE, OR NOVELTY OF A VALUE EXCEEDING $5.00 FOR A SINGLE PLAY OF THIS MACHINE.'; (8) Providing for restrictions relating to distance from specified structures or uses so long as those distance requirements are no more restrictive than such requirements applicable to the sale of alcoholic beverages; (9) Requiring as a condition for doing business in the jurisdiction disclosure by the business owner or business operator of the name and address of the owner of the bona fide coin operated amusement machine or machines; (10) Requiring that all bona fide coin operated amusement machines are placed and kept in plain view and accessible to any person who is at the business location; and (11) Requiring a business that offers one or more bona fide coin operated amusement machines to the public for play to post its business license or occupation tax certificate."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to conduct that occurs on and after such date. It is not the intention of this Act to abate any prosecution undertaken for conduct occurring under the law in effect prior to such date, and any offense committed before the effective date of this Act shall be prosecuted and punished under the statutes in effect at the time the offense was committed.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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The following amendment was read and adopted:

Representative Ramsey of the 72nd offers the following amendment:

Amend the House Committee on Judiciary, Non-Civil substitute to SB 431 (LC 28 6288S) by striking lines 68 and 69 and inserting in lieu thereof the following:
(D) Promotion, contest, or sweepstakes conducted by any corporation or wholly owned subsidiary or valid franchise of such corporation, either directly or through another entity,

The Committee substitute, as amended, was adopted.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y 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 Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs
Dollar Y Drenner N Dudgeon Y Dukes Y Dunahoo N 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
Harbin Y Harden, B Y Harden, M

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

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

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
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 Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y 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 Manning Y Marin Y Martin Y Maxwell

Y Rogers, T Y Rynders E Scott, M Y Scott, S

Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 3.

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

Representative Smyre of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 113. By Senator Carter of the 1st:

A BILL to be entitled an Act to provide for local government contracting powers and related requirements; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to clarify that the authority of municipal corporations to enter into certain contracts is in addition to and does not change or conflict with any otherwise existing authority to enter into such contracts; to change certain provisions relating to definitions relative to public works bidding; 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; 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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

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include the names of the parties to the contract and the purpose of the contract. For governmental units that are not required to take actions on contracts at public meetings, the governmental unit may award a guaranteed energy savings performance contract in accordance with the procedures adopted by the governmental unit and the requirements of all applicable laws 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 that is 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. Before entering into a guaranteed energy savings performance contract under this chapter, a governmental unit that is a county, municipality, or other local governmental entity shall be required to issue a request for proposals from at least two qualified energy services providers if such providers are available. In addition, a local governmental entity shall publicly advertise the energy services contract opportunity and post notice of such opportunity in the local governmental entity's office and, if available, on the governmental entity's Internet website. A local governmental entity shall not be required to request proposals from providers on the prequalifications list maintained by the director or otherwise be required to utilize the authority's list of prequalified energy services providers. (3) A governmental unit may thereafter award the guaranteed energy savings performance contract to the qualified energy services provider that best meets the

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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 of the provider, quality of technical the project approach, type of technology employed by the provider, overall benefits to the governmental unit, and other factors determined by the governmental unit to be relevant to the implementation of the project. (d) The governmental unit shall select the qualified energy services provider that best meets the needs of the governmental unit in accordance with criteria established by the governmental unit. For governmental units that are not required to take actions on contracts at public meetings, the governmental unit shall provide public notice of the award of the guaranteed energy savings performance contract within 30 days. The notice shall include the names of the parties to the contract and the purpose of the contract. For governmental units that are required to take actions on contracts at public meetings, the public notice shall be made at least ten days prior to the meeting. After reviewing the proposals pursuant to subsection (e) of this Code section, a governmental unit may enter into an investment grade energy audit agreement with the selected qualified energy services provider for the provision of the energy audit report described in subsection (e) of this Code section. (e) Before executing the guaranteed energy savings performance contract, the qualified energy services provider shall provide the governmental unit with an energy audit report summarizing recommendations for energy conservation measures based on anticipated energy, operational water, or waste-water cost savings or revenue increases resulting from the energy conservation measures. The energy audit report shall include estimates of all costs of installation, maintenance, repairs, and debt service and estimates of the amounts by which energy or operating costs will be reduced. (f) Notwithstanding any other provision of law governing the letting of public contracts, a 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

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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."

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 Y Bryant Y Buckner Y Burns Y Byrd

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 Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner

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

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

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 Y Waites

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

Y Geisinger Y 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

Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

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

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.

SB 50. By Senator Hamrick of the 30th:

A BILL to be entitled an Act to amend Code Section 15-6-95 of the Official Code of Georgia Annotated, relating to priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, so as to add certain fees for funding of local victim assistance programs into the list of priorities; 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to remove provisions relating to the accused consenting to an alternate location for session of court; to change the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court; to add certain fees to the list of priorities; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by revising paragraph (1) of subsection (c) of Code Section 15-6-18, relating to alternative locations, as follows:

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"(1) In each county of this state having a population of not more than 50,000 according to the United States decennial census of 1990 or any future such census, if for any cause it shall or may be impractical to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor or if it should appear to the governing authority of the county that the best interest of the public would be served by the furnishing of alternate or additional facilities for the holding of any session or sitting of any superior or state court, it shall be lawful to hold court and any session or sitting thereof at such place or places as the governing authority of the county in and for which the court is to be held may from time to time, by appropriate resolution, provide for such purpose, provided that no session or sitting of any superior court or state court may be held under this subsection at any place that is not open to and accessible by the public; provided, further, that no criminal jury trial shall be conducted in such alternate or additional facility without the consent of the accused unless such location is a facility owned or leased by the governing authority of the county; and"
SECTION 2. Said chapter is further amended by revising Code Section 15-6-95, relating to priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, as follows:
"15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs shall distribute said sums in the order of priority set forth below:
(1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers' Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks' Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs' Retirement Fund of Georgia; (4) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73; (5) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73; (6) The amount as may be provided in Chapter 15 of Title 36 for county law libraries; (7)(6) The surcharge amounts provided for in Chapter 21 of this title Code Section 15-21-93 for jail construction and staffing; (7) The amount provided for in Code Section 15-21-131 for funding local victim assistance programs; (8) The amount provided for in Code Section 36-15-9 for county law libraries; (9) The balance of the base fine owed to the county;

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(8)(10) The surcharge amount provided for in cases of driving under the influence for purposes of state crime victim compensation the Georgia Crime Victims Emergency Fund under Code Section 15-21-112; (9)(11) The application fee provided for in subsection (c) or (e) of Code Section 1521A-6; (10) The balance of the fine shall be paid to the county; and (12) The amount provided for in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-11-149; (11)(13) The amount provided for in Code Section 15-21-100 After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-100 and 15-21-101 for the Drug Abuse Treatment and Education Fund; and (14) The amounts provided for in subsection (d) of Code Section 42-8-34."

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
Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y Benfield Y Benton
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
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
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 Y Henson Y Hightower Y Hill E Holcomb Y Holmes Y Holt N Horne Y Houston E Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows
Mitchell Y Morgan E Morris Y Mosby Y Murphy
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
Pruett Y Purcell Y Ramsey Y Randall

E Setzler 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 Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T E Teasley Y Thomas Y Waites Y Watson Y Welch Y Weldon
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 E Harbin Y Harden, B Y Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Lane Y Lindsey Y Long
Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell

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

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 153, nays 3.

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

Representative Channell of the 116th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 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.

The following Committee substitute was read:

A BILL TO BE ENTITLED AN ACT

To amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to judges and other court employees and certain county employees, so as to provide that tax commissioners, tax collectors, and tax receivers and all employees in their offices who first or again take office or become employed on or after July 1, 2012, shall not be members of the Employees' Retirement System of Georgia by operation of law; to provide that the governing authority of each county may elect to include such officers and employees in the retirement system; to provide for employee and employer contributions; to provide that no such person may be a member of another

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public retirement system; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to judges and other court employees and certain county employees, is amended in Code Section 47-2-292, relating to merit system of personnel administration for county revenue employees, membership in retirement system, contributions, and credit for prior service, by adding a new subsection to read as follows:
"(a.1) Notwithstanding any other provision of this Code section, no person who first or again takes office or becomes employed on or after July 1, 2012, shall become a member of the retirement system pursuant to the provisions of this Code section. Any person serving in any such position on July 1, 2012, who continues in service without a break in service shall remain a member of this retirement system. The reelection of any such officer or the election of any eligible employee to such office shall not constitute a break in service."
SECTION 2. Said part is further amended by adding a new Code section to read as follows:
"47-2-292.1. (a) The provisions of this Code section shall apply to tax commissioners, tax collectors, and tax receivers and employees in their offices who first or again take office or become employed on or after July 1, 2012. (b) On and after July 1, 2012, the governing authority of each county shall have the option of including the county tax commissioner, tax collector, or tax receiver and all employees of such person's office as members of the retirement system. Such option shall be made by adopting a resolution and forwarding such resolution to the board of trustees. (c) The official in charge of such office, if he or she is responsible for the payment of the employees in that office, or the governing authority of the county, if the official and the employees are paid by it, shall deduct or collect from each member the employee contributions required by this chapter and shall remit the same to the retirement system as required by regulations. The governing authority of the county shall pay to the board of trustees the employer contributions required by this chapter, upon receipt of an invoice from the retirement system. (d) An election by a county governing authority made pursuant to subsection (b) of this Code section may be revoked in the same manner as the election was made, but the county's obligations as to any officer or employee who became a member of the retirement system as a result of such election shall continue, and the rights and benefits of any such officer or employee shall be unaffected by such revocation.

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(e) All persons subject to the provisions of this Code section shall be members of the retirement system under the provisions of Article 10 of this chapter as a condition of holding office. (f) Notwithstanding any other provisions of this Code section, no tax commissioner, tax collector, tax receiver, or any employee of any such official shall be eligible for membership in the retirement system if such officer or employee is covered or becomes covered by any other public retirement or pension system, excluding social security coverage."
SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Maxwell of the 17th and Meadows of the 5th offer the following amendment:
Amend the House Committee on Retirement substitute to SB 286 (LC 21 1718S) by deleting lines 1 through 3 and inserting in lieu thereof the following: 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 that tax commissioners, tax collectors, and tax receivers and all employees in
By deleting lines 13 and 14 and inserting in lieu thereof the following: Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended in Code Section 47-2-181, relating to transfer of service credits and accumulated contributions from the Teachers Retirement System of Georgia to the Employees' Retirement System of Georgia, by adding a new subsection to read as follows:
"(d)(1) At the time the membership of a person is transferred from the Teachers Retirement System of Georgia to this retirement system subject to Article 10 of this

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chapter, this retirement system shall receive the funds transferred from the Teachers Retirement System of Georgia pursuant to Code Section 47-3-81 and, as applicable, add the accrued benefit transferred from the Teachers Retirement System of Georgia to the accrued benefit or the balance of employee contributions and interest. The total benefits of any such member shall be subject to the rules of this retirement system. (2) At the time the membership of a person subject to Article 10 of this chapter transfers to the Teachers Retirement System of Georgia, this retirement system shall:
(A) Calculate the accumulated benefit using the service and compensation at the time of the transfer; (B) Calculate the present value of the accrued benefit using methods and assumptions adopted by the board of trustees; and (C) Transfer to the Teachers Retirement System of Georgia the greater of the present value of the accumulated benefit or the balance of the employee contributions and interest. (3) All service transferred pursuant to this subsection shall be calculated as credit in this retirement system for all purposes in this retirement system. (4) This retirement system and the Teachers Retirement System of Georgia shall recalculate the accumulated benefit of any person transferred between such retirement systems from January 1, 2009, through June 30, 2012, according to the methods prescribed by this subsection."

Said title is further amended in

SECTION 2.

By deleting lines 25 and 26 and inserting in lieu thereof the following:

SECTION 3. Said title is further amended by adding a new Code section to read as follows:

By deleting line 55 and inserting in lieu thereof the following:

SECTION 4. Said title is further amended in Code Section 47-3-81, relating to transfer of service credits from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia, limitations, and additional contributions or adjustments required, by adding a new subsection to read as follows:
"(c)(1) At the time the membership of a person subject to Article 10 of Chapter 2 of this title is transferred from the Employees' Retirement System of Georgia to this retirement system, this retirement system shall receive the funds transferred from the Employees' Retirement System of Georgia pursuant to Code Section 47-2-181 and, as applicable, add the accrued benefit transferred from the Employees' Retirement System of Georgia to the accrued benefit or the balance of employee contributions

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and interest. The total benefits of any such member shall be subject to the rules of this retirement system. (2) At the time the membership of a member of this retirement system transfers to the Employees' Retirement System of Georgia and is subject to Article 10 of Chapter 2 of this title, this retirement system shall:
(A) Calculate the accumulated benefit using the service and compensation at the time of the transfer; (B) Calculate the present value of the accrued benefit using methods and assumptions adopted by the board of trustees; and (C) Transfer to the Employees' Retirement System of Georgia the greater of the present value of the accumulated benefit or the balance of the employee contributions and interest. (3) All service transferred pursuant to this subsection shall be calculated as credit in this retirement system for all purposes in this retirement system. (4) This retirement system and the Employees' Retirement System of Georgia shall recalculate the accumulated benefit of any person transferred between such retirement systems from January 1, 2009, through June 30, 2012, according to the methods prescribed by this subsection."

SECTION 5.

By redesignating Section 4 as Section 6.

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 Battles E Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock

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

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

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

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

Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick
Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

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 Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson
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, by substitute, as amended, the ayes were 165, nays 0.

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

Representative Jordan of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

A BILL TO BE ENTITLED AN ACT

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To amend Titles 45, 12, and 15 of the Official Code of Georgia Annotated, relating to public officers and employees, conservation and natural resources, and courts, respectively, 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 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 and employees, 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 in 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), (D), and (E) of paragraph (4) of this subsection, the term means the Georgia Superior Court Clerks' Cooperative Authority. (3) 'Current appropriation amount' means 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

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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:
(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)(2)(A) of Code Section 15-21-73 for bond forfeitures for peace officer and prosecutor training; and (E) Additional penalty sum provided for under subsection (a) of Code Section 1521-179 for the driver education and training fund. (5) 'New appropriation amount' means 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) Unless otherwise prohibited pursuant to subsection (f) of this Code section, effective for the fiscal year beginning July 1, 2013, and each fiscal year thereafter, for each subparagraph of paragraph (4) of subsection (a) of this Code section: (1) The Office of Planning and Budget shall determine the base amount for the particular purpose or function as described under that 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)(A) 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; provided, however, that in no event shall the reduction ever be less than an amount equal which would be equal to the new appropriation amount. (B) Except for the fees specified under subparagraphs (a)(4)(A) and (a)(4)(B) of this Code section, any fee amount adjusted pursuant to this paragraph shall be rounded to the nearest whole dollar amount. (C) Immediately following the date the General Appropriations Act for the newly commencing fiscal year is approved by the Governor or becomes law without such approval, the Office of Planning and Budget shall notify the appropriate collecting agency of the adjusted fee amount.

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(6)(A) Except as otherwise provided in subparagraph (B) of this paragraph, 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 this Code section, be increased back to the fee amount in place immediately prior to the most recent such reduction. (B) If the new appropriation amount is equal to or greater than the target appropriation amount as determined in the fiscal year in which such fee amount was first reduced under this subsection, then such fee amount shall, by operation of this subparagraph, be increased back to the amount in place immediately prior to such first 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 the 20 percent addition required under paragraph (3) of subsection (b) of this Code section results in the target appropriation amount equaling or exceeding 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 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)(1) As used in this subsection, the term 'fiscal year spending' means the total amount of moneys appropriated in the General Appropriations Act by the General Assembly and recommended by the Governor as determined by the revenue estimate under Article III, Section IX, Paragraph IV(b) of the Constitution except for: (A) Appropriations funded by moneys received from the federal government; (B) Appropriations funded by discretionary user charges to the extent that such charges do not exceed the cost of goods or services; (C) Proceeds of gifts or bequests made for purposes specified by the donor; (D) Lottery funds; (E) Motor fuel tax proceeds;

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(F) Tobacco settlement funds; (G) Hospital provider fees and nursing home provider fees; (H) The Revenue Shortfall Reserve Amount for education needs and enrollment growth for grades kindergarten through 12; and (I) Payments from authorities. (2) The provisions of this Code section shall not be implemented until January 1 of the calendar year following the state fiscal year in which the year-end balance of the Revenue Shortfall Reserve funds is equal to or greater than 7 percent of the fiscal year spending for the fiscal year which immediately precedes that year. If, in any subsequent fiscal year, the year-end balance of the amount of funds in the Revenue Shortfall Reserve falls below 7 percent of the fiscal year spending for the fiscal year immediately preceding that year, then the operation of this Code section shall be suspended and each fee amount which has been reduced by the operation of this Code section shall, by operation of this subsection, be increased back to the amount in place immediately prior to its most recent reduction under this Code section. (g) 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. (h) 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:
"(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."

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SECTION 3. Said Title 12 is further amended by revising subsection (h) of Code Section 12-8-40.1, relating to tire disposal restrictions and fees, by adding a new paragraph to read 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 revising 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, by adding a new paragraph to read as follows:
"(3) Each of the fee amounts provided for in subparagraph (A) of paragraph (1) and subparagraph (A) of paragraph (2) of this subsection shall be subject to revision pursuant to Code Section 45-12-92.2."
SECTION 5. Said Title 15 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."
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.
Pursuant to Rule 33.2, the House has disagreed to the Senate substitute to HB 811.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

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HB 332. By Representative Parsons of the 42nd:
A BILL to be entitled an Act to amend Code Section 46-5-167 of the Official Code of Georgia Annotated, relating to the Universal Access Fund, so as to eliminate unnecessary regulation by revising certain provisions related to such fund; to provide for an effective date, to repeal conflicting laws; and for other purposes.
The Speaker Pro Tem assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 284. By Senator Golden of the 8th:
A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for provisions governing the creation and operation of land banks on and after July 1, 2011; to provide a short title and a statement of construction, intent and scope; to provide for legislative findings; to define certain terms; to provide for the creation, existence, and board membership of land banks; to provide for land bank powers, including those powers related to the acquisition and disposition of tax delinquent and other properties; to provide for public meetings of land banks, for the adoption of rules and regulations to address potential conflicts of interest, and for the dissolution of land banks; 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 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for provisions governing the creation and operation of land banks on and after July 1, 2012; to provide a short title and a statement of construction, intent, and scope; to provide for legislative findings; to define certain terms; to provide for the creation, existence, and board membership of land banks; to provide for land bank powers, including those powers related to the acquisition and disposition of tax delinquent and other properties; to provide for financing of land banks; to provide for public meetings of land banks, for the adoption of rules and regulations to address potential conflicts of interest, and for the dissolution of land banks; 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. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended in Code Section 48-4-61, relating to land bank authority established by interlocal cooperation agreement, powers, purpose, and dissolution, by adding a new subsection to read as follows:
"(f) No land bank authority shall be created pursuant to this article on or after July 1, 2012. Except as otherwise provided in subsection (j) of Code Section 48-4-104, any land bank created pursuant to this article prior to July 1, 2012, shall continue to be governed by this article."
SECTION 2. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 6
48-4-100. (a) This article shall be known and may be cited as the 'Georgia Land Bank Act.' (b) Any land bank created prior to July 1, 2012, pursuant to Article 4 of this chapter shall not be affected by this article but shall be entitled to continue in existence and exercise all powers granted in such article. The board of any existing land bank may vote, in the manner provided in subsection (j) of Code Section 48-4-104, to continue in existence under the provisions of this article, thus exercising the additional authorities and powers contained herein.
48-4-101. The General Assembly finds and declares that:
(1) Georgia's communities are important to the social and economic vitality of this state. Whether urban, suburban, or rural, many communities are struggling to cope with dilapidated, abandoned, and tax delinquent properties; (2) Citizens of Georgia are affected adversely by dilapidated, abandoned, and tax delinquent properties, including properties that have been abandoned due to mortgage foreclosure; (3) Dilapidated, abandoned, and tax delinquent properties impose significant costs on neighborhoods and communities by lowering property values, increasing fire and police protection costs, decreasing tax revenues, and undermining community cohesion; (4) There is an overriding public need to confront the problems caused by dilapidated, abandoned, and tax delinquent properties, and to return properties which are in nonrevenue-generating, nontax-producing status to an effective utilization status in order to provide affordable housing, new industry, and jobs for the citizens of

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this state through the creation of new tools that enable communities to turn abandoned spaces into vibrant places; and (5) Land banks are one of the tools that can be utilized by communities to facilitate the return of dilapidated, abandoned, and tax delinquent properties to productive use.
48-4-102. As used in this article, the term:
(1) 'Board of directors' or 'board' means the board of directors of a land bank. (2) 'Consolidated government' means a unified government created pursuant to Article IX, Section III, Paragraph II of the Constitution of Georgia. (3) 'Intergovernmental contract' means a contract as authorized pursuant to Article IX, Section III, Paragraph I of the Constitution of Georgia and paragraph (5) of Code Section 36-34-2, and entered into by counties, consolidated governments, and municipal corporations pursuant to this article. (4) 'Land bank' means a public body corporate and politic established in accordance with the provisions of this article. (5) 'Land bank member' means the local governments that are parties to the intergovernmental contract or resolution creating a land bank and the local governments that join a land bank subsequent to its creation pursuant to the provisions of this article. (6) 'Real property' means all lands and the buildings thereon, all things permanently attached to land or to the buildings thereon, and any interest existing in, issuing out of, or dependent upon land or the buildings thereon. (7) 'School district' means any school district, independent school system, or other local school system in this state.
48-4-103. (a) Any county, municipal corporation, or consolidated government may elect to create a land bank in accordance with subsection (b) of this Code section by the adoption of a local law, ordinance, or resolution as appropriate to the applicable counties, consolidated governments, or municipal corporations, which action specifies the following:
(1) The name of the land bank; (2) The number of members of the board of directors, which shall consist of an odd number of board members and be not less than five board members or more than 11 board members; (3) The initial individuals to serve as board members and the length of terms for which they will serve; and (4) The qualifications, manner of selection or appointment, and terms of office of board members. (b) A land bank may be created pursuant to an intergovernmental contract by any of the following and any combination of the following methods:

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(1) A county and one or more municipal corporations located wholly or partially within the county; (2) Two or more counties and one or more municipal corporations located wholly or partially within the geographical boundaries of each county; (3) A consolidated government and one or more municipal corporations located wholly or partially within the same county as the consolidated government; or (4) Any consolidated government without a municipal corporation located wholly or partially within the same county as the consolidated government may create a land bank as follows:
(A) Through ordinance or resolution of the governing authority of the consolidated government; (B) Through an intergovernmental contract with another consolidated government without a municipal corporation located wholly or partially within the same county as the consolidated government; or (C) Through an intergovernmental contract with other counties, municipal corporations, or consolidated governments creating land banks pursuant to paragraph (1), (2), or (3) of this subsection. (c) Any intergovernmental contract creating a land bank shall specify the matters identified in subsection (a) of this Code section. (d) Subject to the limitations of subsection (b) of this Code section, any county or municipal corporation or consolidated government may elect to join any preexisting land bank by executing the intergovernmental contract or resolution that created the land bank and such other documentation as may be necessary. (e) A land bank shall have the power to acquire real property only in those portions of the county located outside of the geographical boundaries of a nonparticipating municipal corporation located within the county; provided, however, that a land bank may acquire real property lying within such nonparticipating municipal corporation with the consent of such municipal corporation. (f) A school district may participate in a land bank pursuant to an intergovernmental contract provided such contract specifies any members of the board of education serving on the board of the land bank and any actions of the land bank which are subject to approval by the board of education. (g) A land bank shall be a public body corporate and politic and shall have permanent and perpetual duration until terminated and dissolved in accordance with the provisions of subsection (c) of Code Section 48-4-111.
48-4-104. (a) The initial size of a board shall be determined in accordance with paragraph (2) of subsection (a) of Code Section 48-4-103. Unless restricted by the actions or agreements specified in Code Section 48-4-103, and subject to the limits stated in this Code section, the size of the board may be adjusted in accordance with the bylaws of the land bank.

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(b) In the event the board of a land bank created by a county and a municipal corporation or by a consolidated government before July 1, 2012, votes to continue in existence under the provisions of this article, the land bank members shall jointly nominate and approve at least one additional board member so that there is an odd number of board members. In the event the land bank members of such a preexisting land bank are unable to approve such additional board members, such preexisting land bank shall not exist under the provisions of this article unless and until a new intergovernmental contract is approved in accordance with this article. (c) Notwithstanding any law to the contrary, an elected member of the municipal governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any municipal employee shall be eligible to serve as a board member. Notwithstanding any law to the contrary, an elected member of the county governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any county employee shall be eligible to serve as a board member. Notwithstanding any law to the contrary, an elected member of a consolidated government governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any consolidated government employee shall be eligible to serve as a board member. A tax commissioner or tax collector, or both, may serve ex officio as a member of the land bank board if so authorized by the intergovernmental contract, local law, ordinance, or resolution that creates the land bank or by subsequent intergovernmental contracts with the land bank members. (d) The members of the board shall select annually from among themselves a chairperson, vice chairperson, secretary, treasurer, and such other officers as the board may determine and shall establish their duties as may be regulated by the intergovernmental contract or by rules adopted by the board. When in actual conflict the intergovernmental contract shall control over the bylaws or rules adopted by the board.
(e)(1) The board shall establish rules and regulations relative to the attendance and participation of board members in its regular and special meetings. The rules and regulations may prescribe a procedure whereby a board member who fails to comply with the rules and regulations of the board may be removed from office by no less than a majority vote of the remaining members of the board, and that board member's position shall be vacant as of the first day of the next calendar month. (2) A land bank member may remove any board member appointed by that land bank member. (3) Any board member removed under the provisions of this subsection shall be ineligible for reappointment to the board, unless the reappointment is confirmed by at least a two-thirds' vote of the governing authority of the appointing land bank member. (f) A vacancy on the board shall be filled in the same manner as the original appointment.

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(g) Board members shall serve without compensation. The board may reimburse a board member for expenses actually incurred in the performance of duties on behalf of the land bank. (h) The board shall meet in regular session according to a schedule adopted by the board and also shall meet in special session as convened by the chairperson or upon written notice signed by a majority of the board members. (i) A quorum of board membership shall be a simple majority of the entire board membership, and no action of the board shall be taken in the absence of a quorum. All actions of the board must be approved by the affirmative vote of a majority of the members of the board present and voting; provided, however, that no action of the board shall be authorized on the following matters unless approved by a majority of the entire board membership:
(1) Adoption of bylaws and other rules and regulations for conduct of the land bank's business; (2) Hiring or firing of any employee or contractor of the land bank. Such function may by majority vote be delegated by the board to a specified officer or committee of the land bank under such terms and conditions and to the extent that the board may specify; (3) Incurring of debt; (4) Adoption or amendment of the annual budget; and (5) Sale, lease, encumbrance, or alienation of real property, improvements, or personal property with a value of more than $50,000. (j) A land bank created pursuant to Article 4 of this chapter may continue in existence in accordance with provisions of this article upon the unanimous consent of the board members, and contingent upon the appointment of at least one additional board member pursuant to subsection (b) of this Code section. (k) A board member shall not be liable personally on obligations of the land bank, and the rights of creditors of a land bank shall be solely against the land bank. (l) A board member shall be prohibited from voting by proxy. A board member may request a recorded vote on any resolution or action of the land bank.
48-4-105. A land bank may employ an executive director, its own counsel and legal staff, and such technical experts, other agents, and employees, permanent or temporary, as it may require and may determine the qualifications and fix the compensation and benefits of those persons. A land bank may also enter into contracts and agreements with municipal corporations or counties or consolidated governments for staffing services to be provided to the land bank by agencies or departments thereof or for a land bank to provide such staffing services to agencies or departments thereof.

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48-4-106. (a) A land bank shall constitute a public body, corporate and politic, and shall have all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this article, including the following powers:
(1) To adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business; (2) To sue and be sued in its own name and plead and be impleaded in all civil actions, including, but not limited to, actions to clear title to property of the land bank; (3) To adopt a seal and to alter the same at pleasure; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the land bank; (5) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure credit extended by the land bank; (6) To borrow from private lenders, from municipal corporations, counties, or consolidated governments, from the state, or from federal government funds, as may be necessary, for the operation and work of the land bank; (7) To borrow money to further or carry out its public purpose and to execute notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the land bank, to evidence and to provide security for such borrowing; (8) To issue notes or other obligations of the land bank and use the proceeds thereof for the purpose of paying all or any part of the cost of any land bank projects and otherwise to further or carry out the public purpose of the land bank and to pay all costs of the land bank incidental to, or necessary and appropriate to, furthering or carrying out such purpose; (9) 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 land bank's public purpose 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; (10) 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 land bank; (11) A land bank shall have no authority to lend money to a nongovernmental entity; provided, however, that a land bank may administer funds in the form of a loan to a nongovernmental entity when such funds are received from federal, state, and local

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government entities for the purpose of making such loans; provided, further, that only such transactions which are fully consistent with the purpose of the land bank shall be permitted. In those transactions, a land bank may extend credit to any person, corporation, partnership, whether limited or general, or other entity for the costs of any land bank projects which credit may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the land bank shall determine to be reasonable in connection with such extension of credit, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted by this article in connection with any land bank projects the land bank shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions, as the land bank may deem necessary or desirable; (12) As security for repayment of any notes or other obligations of the land bank, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the land bank, including, but not limited to, real property, fixtures, personal property, and revenues or other funds, and to execute any lease, trust indenture, trust agreement, agreement for the sale of the land bank's notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the land bank, to secure any such notes or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the land bank upon default in any obligation of the land bank, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The state, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the land bank upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (14) 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 in the best interests of the land bank and the public purpose thereof; (15) To procure insurance or guarantees from the General Assembly or federal government of the payments of any debts or parts thereof incurred by the land bank and to pay premiums in connection therewith;

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(16) To enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers, including, but not limited to, intergovernmental contracts for the joint exercise of powers under this article. Intergovernmental contracts with municipal corporations, counties, or consolidated governments may include contracts for the performance of services by municipal corporations, counties, or consolidated governments on behalf of the land bank or by the land bank on behalf of municipal corporations, counties, or consolidated governments, whether or not such counties, consolidated governments, or municipal corporations are located inside or outside the geographical boundaries of the land bank members; (17) To procure insurance against losses in connection with the real property, assets, or activities of the land bank; (18) To accept and issue deeds in its name, including without limitation the acceptance of real property in accordance with the provisions of paragraph (2.1) of subsection (u) of Code Section 16-13-49; (19) To finance by loan, grant, lease, or otherwise, refinance, construct, erect, assemble, purchase, acquire, own, repair, remodel, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage real property or rights or interests in property, and to pay the costs of any such project from the proceeds of loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the land bank is authorized to receive, accept, and use; (20) To fix, charge, and collect rents, fees, and charges for the use of real property of the land bank and for services provided by the land bank; (21) To grant or acquire a license, easement, lease, as lessor or lessee, or option with respect to real property of the land bank; (22) To enter into partnerships, joint ventures, and other collaborative relationships with municipalities and other public and private entities for the ownership, management, development, and disposition of real property; (23) To hold title to real property for purposes of establishing contracts with nonprofit community land trusts, including, but not limited to, long-term lease contracts; (24) To organize and reorganize the executive, administrative, clerical, and other departments of the land bank and to fix the duties, powers, and compensation of all employees, agents, and consultants of the land bank; and (25) To do all other things necessary or convenient to achieve the objectives and purposes of the land bank or other laws that relate to the purposes and responsibilities of the land bank. (b) The exercise of a specific power by a land bank may be limited or withdrawn by a land bank member when the land bank is acting with respect to real property within the jurisdiction of such member. Procedures for the exercise of such limitation or withdrawal of power shall be provided in the intergovernmental contract.

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48-4-107. A land bank shall neither possess nor exercise the power of eminent domain.
48-4-108. (a) The real property of a land bank and its income and operations are exempt from all taxation by the state and by any of its political subdivisions, including, but not limited to, real property held by a land bank as lessor pursuant to long-term lease contracts with community land trusts. (b) A land bank may acquire real property or interests in real property by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the board considers is in the best interest of the land bank.
(c)(1) A land bank may acquire real property by purchase contracts, lease-purchase agreements, and may accept transfers from municipal corporations, counties, or consolidated governments upon such terms and conditions as agreed to by the land bank and the municipal corporation, county, or consolidated government. (2) Notwithstanding any other law to the contrary, a municipal corporation, county, or consolidated government may transfer to a land bank real property and interests in real property of the municipal corporation, county, or consolidated government on such terms and conditions and according to such procedures as determined by the municipal corporation, county, or consolidated government, so long as the real property is located within the geographical boundaries of the land bank. (3) The acquisition of property by the land bank shall not be governed or controlled by any regulations or laws relating to procurement or acquisition of property of the counties, consolidated governments, or municipal corporations that are members of the land bank unless specifically provided in the applicable intergovernmental contract or resolution, and transfers of property by municipal corporations, counties, or consolidated governments to the land bank shall be treated as transfers to a body politic as contemplated by subparagraph (a)(2)(A) of Code Section 36-9-3. (d) A land bank shall maintain all of its real property in accordance with the laws and ordinances of the jurisdiction in which the real property is located. (e)(1) Except as otherwise provided in paragraph (2) of this subsection, a land bank shall not own or hold real property located outside the geographical boundaries of the land bank members. (2) A land bank may be granted pursuant to an intergovernmental contract with a county, consolidated government, or municipal corporation the authority to manage and maintain real property located within the geographical boundaries of such county, consolidated government, or municipal corporation, but outside the geographical boundaries of the land bank members.
48-4-109. (a) A land bank shall hold in its own name all real property acquired by the land bank without regard to the identity of the transferor of the property.

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(b) A land bank shall maintain and make available for public review and inspection an inventory of all real property held by the land bank. (c) A land bank may convey, exchange, sell, transfer, lease as lessor, grant, and mortgage as mortgagor any and all interests in, upon, or to real property of the land bank in some form and by such method as determined by the board to be in the best interest of the land bank.
(d)(1) A land bank shall determine the terms, conditions, form, and substance of consideration necessary to convey, exchange, sell, transfer, lease as lessor, grant, and mortgage as mortgagor any interests in, upon, or to real property. (2) Consideration may take the form of monetary payments and secured financial obligations, covenants, and conditions related to the present and future use of the property, contractual commitments of the transferee, and such other forms of consideration as determined by the board to be in the best interest of the land bank. (e)(1) The board shall determine and state in the land bank policies and procedures the general terms and conditions for consideration to be received by the land bank for the transfer of real property and interests in real property. (2) The disposition of property by the land bank shall not be governed or controlled by any regulations or laws of the participating land bank members unless specifically provided in the applicable intergovernmental contract. (f) Land bank members may, in the resolution or intergovernmental contract creating a land bank, establish a hierarchical ranking of priorities for the use of real property conveyed by a land bank, or, if the resolution or intergovernmental contract creating the land bank is silent, the board of directors may establish a hierarchical ranking of priorities for the use of real property conveyed by a land bank, including but not limited to: (1) Use for purely public spaces and places; (2) Use for affordable housing; (3) Use for retail, commercial, and industrial activities; (4) Use as conservation areas; (5) Use for land trusts or for other public entities; and (6) Such other uses and in such hierarchical order as determined by the board of directors of the land bank. (g)(1) Subject to the requirements of paragraph (5) of subsection (i) of Code Section 48-4-104, a county, municipal corporation, or consolidated government may, in the applicable intergovernmental contract or in the resolution creating a land bank, require that any particular form of disposition of real property, or any disposition of real property located within specified jurisdictions, be subject to specified voting and approval requirements of the board. (2) Except and unless restricted or constrained as provided in paragraph (1) of this subsection, the board may delegate to officers and employees the authority to enter into and execute agreements, instruments of conveyance, and all other related documents pertaining to the conveyance of real property by the land bank.

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48-4-110. (a) A land bank may receive funding through grants and loans from the land bank members, from any other municipal corporations, counties, or consolidated governments in the state, from the General Assembly, from the federal government, and from other public and private sources. (b) A land bank may receive and retain payments for services rendered, for rents and leasehold payments received, for consideration for disposition of real and personal property, for proceeds of insurance coverage for losses incurred, for income from investments, and for any other asset and activity lawfully permitted to a land bank under this article. (c) Up to 75 percent of the real property taxes collected on real property, exclusive of any state or school district ad valorem tax, conveyed by a land bank pursuant to the laws of this state shall be remitted to the land bank. The specific percentage of such taxes to be remitted, as to each land bank member, shall be set forth in the local law, ordinance, or resolution or in the intergovernmental contract of the land bank. Such allocation of property tax revenues shall commence with the first taxable year following the date of conveyance and shall continue for a period of five years. Such funds shall be remitted to the land bank in accordance with the administrative procedures established by the tax commissioner or tax collector of the county or counties in which the land bank is located. Such allocation of property tax revenues shall not occur if such taxes have been previously allocated to a tax allocation district, or to secure a debt of the municipal corporation or consolidated government, unless the tax allocation district, municipal corporation, county, or consolidated government enters into an agreement with the land bank for the remittance of such funds to the land bank. (d) At the time that the land bank sells or otherwise disposes of property as part of its land bank program, the proceeds from the sale, if any, shall be allocated as determined by the land bank among the following priorities:
(1) Furtherance of land bank operations; (2) Recovery of land bank expenses; and (3) Remitter to the tax commissioner or tax collector for distribution to the appropriate taxing entity in proportion to and to the extent of their respective tax bills and costs. Any excess proceeds shall be distributed pursuant to any applicable intergovernmental contract or land bank rules, regulations, or bylaws in accordance with the public policy stated in this article.
48-4-111. (a) All meetings shall be open to the public, except as otherwise provided by Chapter 14 of Title 50, and a written record shall be maintained of all meetings. All records of a land bank shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records. (b) No board member or employee of a land bank shall acquire any interest, direct or indirect, in real property owned or to be acquired by the land bank, nor shall any board

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member assist any third party in negotiating against the land bank for property identified by the land bank for acquisition by the land bank. No board member or employee of a land bank shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by a land bank. The board may adopt supplemental rules and regulations addressing potential conflicts of interest and ethical guidelines for board members and land bank employees.
(c)(1) A land bank may be dissolved as a public body corporate and politic 60 calendar days after an affirmative resolution approved by two-thirds of the membership of the board. (2) Sixty calendar days' advance written notice of consideration of a resolution of dissolution shall be given to the governing authorities of the land bank members, shall be published in a local newspaper of general circulation. (3) Upon dissolution of the land bank, all real property, personal property, and other assets of the land bank shall become the assets of the municipal corporation, county, or consolidated government in which the property is located, unless provided otherwise in any applicable intergovernmental contracts. (4) Land banks created pursuant to paragraphs (2) through (4) of subsection (b) of Code Section 48-4-103 shall not automatically dissolve upon the withdrawal of one or more land bank members unless the intergovernmental contract so provides, except that no municipal corporation may maintain the existence of a land bank if the county in which the municipal corporation is located withdraws from the land bank, and no county may maintain the existence of a land bank if the single municipal corporation that is both located within that county and is a member of the land bank withdraws from the land bank.
48-4-112. (a) Whenever any real property is acquired by a land bank and is encumbered by a lien or claim for real property taxes owed to one or more of the land bank members or to municipal corporations, counties, or consolidated governments that have an intergovernmental contract with the land bank, the land bank may, by resolution of the board, discharge and extinguish any and all such liens or claims. The decision by the board to extinguish such liens or claims is subject to the voting requirements contained in subsection (i) of Code Section 48-4-104. Unless provided otherwise in an applicable intergovernmental contract, whenever any real property is acquired by a land bank and is encumbered by a lien or claim for real property taxes owed to a school district, the land bank shall notify the school district of its intent to extinguish all such liens and claims in writing. If the school district fails to object in written form to the proposed extinguishment within 30 days of receipt of such notice to the land bank, the land bank shall have the power, by resolution of the board, to discharge and extinguish any and all such liens or claims. To the extent necessary and appropriate, the land bank shall file in appropriate public records evidence of the extinguishment and dissolution of such liens or claims.

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(b) To the extent that a land bank receives payments of any kind attributable to liens or claims for real property taxes owed to a municipal corporation, county, consolidated government, or school district on property acquired by the land bank, the land bank shall remit the full amount of the payments to the tax commissioner or tax collector for distribution to the appropriate taxing entity.
(c)(1) A tax commissioner or tax collector may assign, transfer, or sell to a land bank any ad valorem tax executions issued against a single property or ad valorem tax executions issued against multiple tracts of property in the geographical jurisdiction of the land bank in one or more transactions and upon such terms and conditions as are mutually acceptable to the tax commissioner and the land bank. Notwithstanding the notice requirements in subsection (c) of Code Section 48-3-19, when the land bank is the holder of a tax execution, the land bank shall provide notice of the transfer of the tax execution to the land bank in the following manner:
(A) Immediately upon acquisition of one or more tax executions, the land bank shall send notice of the tax execution transfer by certified mail, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the notice of the tax execution transfer shall also be sent by first class mail to the property address to the attention of the occupants of the property, if any. In addition, notice shall be posted on the property; and (B) Within 30 days of the tax execution transfer, the land bank shall cause a notice of the tax execution transfer to be published on two separate dates in the official organ of the county in which the property is located. (2) The notice contained in subparagraphs (A) and (B) of paragraph (1) of this subsection shall specify: (A) The name of the land bank and the contact information for the individual responsible for collecting the delinquent taxes; (B) The property address; (C) A description of the property; (D) The tax identification number of the property; (E) The applicable period of tax delinquency; and (F) The principal amount of the delinquent taxes together with interest and penalties. (3) The land bank may submit the execution to the levying officer 12 months after the date of transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. (d)(1) Notwithstanding any other provision of law, at a nonjudicial tax sale conducted pursuant to Article 1 of this chapter where the tax commissioner or tax collector or the land bank is the holder of the tax execution giving rise to the sale, a land bank may tender a bid in an amount equal to the total amount of all tax liens which were the basis of the execution and any accrued interest, penalties, and costs. In the event of such tender by the land bank, such bid comprises the land bank's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued interest thereon, and penalties, and, if there is no other bid, the tax commissioner or

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tax collector shall accept the land bank's bid and make a deed of the property to the land bank. (2) If there are third parties who bid on a given parcel and the land bank tenders the highest bid on that parcel, the land bank shall pay the tax commissioner or tax collector the full amount of the bid tendered by the land bank in order to obtain the parcel. (e)(1) A land bank may tender a bid at any sale ordered by the court pursuant to Article 5 of this chapter in an amount equal to the total amount of all tax liens which were the basis of the judgment and any accrued interest, penalties, and costs. In the event of such tender by the land bank, such bid shall comprise the land bank's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued interest thereon, and penalties. If there is no other bid and the property is not redeemed by the owner in accordance with subsection (c) of Code Section 48-4-81, the tax commissioner or tax collector shall accept the land bank's bid and make a deed of the property to the land bank. (2) If there are third parties who bid on a given parcel and the land bank tenders the highest bid on that parcel, the land bank shall pay the tax commissioner or tax collector the full amount of the bid tendered by the land bank in order to obtain the parcel. (3) Subject to the statutory 60 day redemption period required pursuant to subsection (c) of Code Section 48-4-81, the land bank, as purchaser at such sale, shall take and thereafter have an absolute title to the property sold, free and discharged of all tax and municipal claims, liens, mortgages, charges, and estates of whatsoever kind except for those interests referenced in subsection (b) of Code Section 48-4-79. In the event of purchase by a land bank, the conveying instrument described in subsection (g) of Code Section 48-4-81 shall note the conveyance to the land bank pursuant to this article. (4) The deed to the land bank shall be executed and delivered to the land bank within 90 days of the sale pursuant to subsection (d) of Code Section 48-4-81. (5) Notwithstanding any other provision of law, a land bank that is a transferee and holder of tax executions may file petitions of foreclosure pursuant to Article 5 of this chapter on real property located within a jurisdiction that has authorized the ad valorem tax foreclosure process contained in Article 5 of this chapter. In a petition of foreclosure pursuant to Article 5 of this chapter, a land bank is authorized to combine in a single petition multiple tracts of real property, and the court may order in a single final judgment that all or part of the real properties identified in the petition be sold to the land bank free and clear of all liens and encumbrances so long as the petition and accompanying affidavits provide:
(A) Identification of each tract of real property; (B) The identities of all parties having an interest in each respective tract of property; (C) The amount of the tax lien due and owing; and

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(D) The nature of the notice of the proposed sale provided to such interested parties."

SECTION 3. This Act shall become effective on July 1, 2012.

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

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

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

Y Abdul-Salaam 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 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 Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y 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

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill E Holcomb Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick
Kidd Y Kirby 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
Meadows Y Mitchell Y Morgan E Morris Y Mosby Y Murphy Y Neal, J
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 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
Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas 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, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Meadows of the 5th and Sims of the 169th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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.
The following Committee substitute was read and adopted:
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 the purchaser's sales and use tax on a transaction; 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 repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by revising Code Section 48-8-36, relating to prohibition of advertising by dealer of his or her assumption of payment of tax, as follows:
"48-8-36. No person engaged in making retail sales shall advertise or represent to the public in any manner directly or indirectly that he or she will absorb all or any part of the tax or

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that he or she will relieve the purchaser of the payment of all or any part of the tax imposed by this article unless:
(1) The retailer includes in the advertisement that any portion of the tax not paid by the purchaser will be remitted on behalf of the purchaser by the retailer; and (2) The retailer furnishes the purchaser with written evidence that the retailer will be liable for and pay any tax the purchaser was relieved from paying under this Code section. If a retailer advertises that any portion of the tax not paid by the purchaser will be remitted on the purchaser's behalf by the retailer, the retailer shall be solely liable for and shall pay that portion of the tax. If a dealer or retailer complies with the provisions of this Code section and pays the absorbed tax over to the commissioner as provided by law, the dealer or retailer shall be deemed to have complied with the provisions of this article requiring collection of the tax from the purchaser or consumer."
SECTION 2. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use tax, is amended by revising Code Section 48-8-122, relating to record of projects on which tax proceeds are used and annual reporting and newspaper publication of report, as follows:
"48-8-122. The governing authority of the county and the governing authority of each municipality receiving any proceeds from the tax under this part or under Article 4 of this chapter shall maintain a record of each and every project for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such local government and in a prominent location on the local government website, if such local government maintains a website, a simple, nontechnical report which shows for each project or purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year, any excess proceeds which have not been expended for a project or purpose, estimated completion date, and the actual completion cost of a project completed during the current year. In the case of road, street, and bridge purposes, such information shall be in the form of a consolidated schedule of the total original estimated cost, the total current estimated cost if it is not the original estimated cost, and the total amounts expended in prior years and the current year for all such projects and not a separate enumeration of such information with respect to each such individual road, street, or bridge project. The report shall also include a statement of what corrective action the local government intends to implement with respect to each project which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a project or purpose."

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SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"48-8-124. The superior courts of this state shall have jurisdiction to enforce compliance with the provisions of this part, including the power to grant injunctions or other equitable relief. In addition to any action that may be brought by any person or 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 part."

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

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

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

Y Abdul-Salaam 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
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 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 Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M

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

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
Ramsey Y Randall Y Reece Y Rice Y Riley
Roberts Y Rogers, C

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 Y Waites Y Watson Y Welch Y Weldon
Wilkerson Y Wilkinson Y Willard Y 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 Manning Y Marin Y Martin Y Maxwell

Y Rogers, T Y Rynders E Scott, M Y Scott, S

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.

Representative Roberts of the 154th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 410. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Jeffares of the 17th, Heath of the 31st and others:

A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, so as to provide for annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems; to provide for individual school and school system numerical score ratings based on student achievement, achievement gap closure, and student progress; to require that a letter grade be assigned to each school and school system and included on school and school system report cards; to revise provisions relating to awards and interventions; 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 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, so as to provide for annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems; to provide for individual school and school system numerical score ratings based on student achievement, achievement gap closure, and student progress; to revise provisions relating to awards and interventions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, is amended by revising Code Section 20-14-33, relating to indicators of quality of learning in individual schools and school systems, comparison to state standards, rating schools and school systems, and other matters, as follows:
"20-14-33. (a) The office, in coordination with the Department of Education, shall adopt and biennially annually review, and revise as necessary, indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems in an individual school and school system. (b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to quality of learning shall be based on data that include student achievement, achievement gap closure, and student progress. The performance indicators of quality of learning shall include all students regardless of ethnicity, sex, disability, language proficiency, and socioeconomic status and must include shall be disaggregated by all subgroups as required under the federal Elementary and Secondary Education Act, as amended:
(1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area; (2) Dropout rates for each school; (3) Student attendance rates for each school; (4) School completion rates for each school; (5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281; (6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281; (8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects; (9) The results of the Scholastic Assessment Test or the ACT Assessment; (10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281; (11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and (12) Any other indicator the office adopts. (c) Performance on the indicator indicators of quality of learning, financial efficiency, school climate, and any other indicators the office adopts shall be compared to state standards, progress on improved student achievement, and comparable performance.

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The standards for comparison shall be established by the office as provided in Code Section 20-14-31, in coordination with the Department of Education. Data and information regarding the standard standards shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. Financial efficiency may include an analysis of how federal and state funds spent by local school systems impact student achievement and school improvement, and components used to determine financial efficiency may include actual achievement, resource efficiency, and student participation in standardized testing. School climate determinations may utilize data from student health surveys, data on environmental and behavior indicators, data on student behavioral and school-based reactions, and teacher and parent survey instruments. Financial efficiency and school climate shall have one of the following star ratings based upon the factors included in this subsection, as further defined by rules and regulations of the office:
(1) '5-star' schools ranked excellent according to the state determined financial efficiency or school climate index, as appropriate; (2) '4-star' schools ranked above average according to the state determined financial efficiency or school climate index, as appropriate; (3) '3-star' schools ranked average according to the state determined financial efficiency or school climate index, as appropriate; (4) '2-star' schools ranked below satisfactory according to the state determined financial efficiency or school climate index, as appropriate; or (5) '1-star' schools ranked unsatisfactory according to the state determined financial efficiency or school climate index, as appropriate. (d) The office, in coordination with the Department of Education, shall establish and annually calculate individual school and school system ratings, which shall be a numerical score on a scale of 0-100, for each public school and school system in this state based on the indicators of quality of learning adopted pursuant to this Code section for student achievement, achievement gap closure, and student progress with a majority of the score based on student achievement for annual academic performance on the assessment instruments required under Code Section 20-2-281. (e) Each school system shall provide all student performance data and all other student school completion and attendance data necessary for the calculation of the school and school system rating to the Department of Education's educational information system in accordance with rules and timelines established by the State Board of Education and the Department of Education shall make such data available to the office to enable it to conduct its required duties. (f) The office shall develop and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Education's educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the

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establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. School completion data shall be included in the performance indicators of quality of learning for each school and school system. (g) The office shall develop and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (h) The office shall annually review the performance of each school and school system on the indicators in subsection (b) of this Code section and determine whether a change in the school or school system rating status of the school or school system is warranted."
SECTION 2. Said part is further amended by revising Code Section 20-14-34, relating to school report cards and the required information and dissemination of such report cards, as follows:
"20-14-34. (a) Each school year, the office shall prepare and distribute to each school system in the State of Georgia a report card for each school in the school system and for the school system in the State of Georgia. The school report cards must be shall include performance data on quality of learning, financial efficiency, and school climate as calculated pursuant to Code Section 20-14-33 and based on the most current data available disaggregated by student groups. School performance must be compared to:
(1) Previous school and local school system performance; (2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; (3) Comparable school group performance; and (4) Any other indicators adopted by the State Board of Education. This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions. (b) The report card cards shall include the following information, where applicable: (1) The individual school and school system ratings in a numerical format as provided for in subsection (d) of Code Section 20-14-33; (2) The academic excellence indicators in subsection (b) of Code Section 20-14-33; (3) Teacher-student ratios; and (4) Administrative and instructional costs per student and other financial accounting information as may be required. (2) A financial efficiency rating for each school and school system; (3) A school climate rating for each school and school system;

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(4) An explanation of the criteria that informs the school and school system rating; and (5) An explanation of the criteria that informs the financial efficiency and school climate ratings. (c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school and each school system in the state and a rating for each school and each school system as provided for in subsection (d) of Code Section 20-14-33 and subsection (a) of this Code section. (d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school and school system report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school or school system report card to any other party. These reports report cards shall be posted on the Office of Student Achievement website, the Department of Education website, and the existing website of such local school system."
SECTION 3. Said part is further amended by revising Code Section 20-14-38, relating to financial awards and proclamations by the Governor, as follows:
"20-14-38. (a) Financial awards will may be provided to the schools that the director determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion achievement gap closure, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system. (b) Financial awards will may be provided to each school that is identified by the director for performance on either or both excellence in student achievement and or student progress on student achievement. The certificated personnel in a school that is identified by the director as either a best performing school or better performing school in either or both categories will may be provided a bonus for the year the school was identified of $1,000.00 for each best performing school designation and $500.00 for each better performing school designation. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional financial award will may be provided to each school for noncertificated personnel in the amount of $10,000.00 for each designation of best performing school and $5,000.00 for each designation of better performing school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be provided. The school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school.

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(c) The Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the state's education goals under Code Section 20-14-30."
SECTION 4. Said part is further amended in Code Section 20-14-41, relating to appropriate levels of intervention for failing schools, by revising subsection (a) as follows:
"(a) The State Board of Education shall by policies, rules, or regulations establish a coherent and sustained system of assistance and support for schools not meeting identified levels of achievement or not showing specified levels of progress as determined by the office. The State Board of Education shall by policies, rules, or regulations specify appropriate levels of assistance and intervention for schools that receive an unacceptable rating on student performance for the absolute student achievement standard or on progress on improved student achievement, achievement gap closure, or student progress, or any combination thereof. In specifying levels of assistance and intervention, the State Board of Education shall consider the number of years a school has received an unacceptable rating and may include one or more of the following interventions:
(1) Issuing public notice of the deficiency to the local board of education; (2) Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance; (3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the school's performance is unacceptable, the submission of the plan to the State Board of Education for approval, and implementation of the plan; (4) Appointing a Department of Education school improvement team to:
(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel; (B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, professional learning focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the state's proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions the team considers appropriate;

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(C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and (D) Monitor the progress of the school in implementing the intensive school improvement plan focused on student achievement; (5) If a school has received an unacceptable rating for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or (6) If a school has received an unacceptable rating for a period of three consecutive years or more, the State Board of Education shall, subject to the provisions of subsection (f) of this Code section, implement one or more of the following interventions or sanctions: (A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration; (B) Allow for the implementation of a state charter school through the designation by the State Board of Education; (C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years; (D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student from a list of available options provided by the local school system. The local school system shall provide transportation for students in Title I schools in accordance with the requirements of federal law. The local school system may provide transportation for students in non-Title I schools. In any year in which the General Assembly does not appropriate funds for the provision of transportation to non-Title I students, the parent or guardian shall assume responsibility for the transportation of that student; (E) Mandate a monitor, master, or management team in the school that shall be paid by the district; (F) Continue the intensive student achievement improvement plan provided for in paragraph (3) of this subsection; or (G) Mandate a complete restructuring of the school's governance arrangement and internal organization of the school."
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:

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

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

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

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

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

On the passage of the Bill, by substitute, the ayes were 74, nays 82.

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

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

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Representative Lindsey of the 54th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 410.

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

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

Y Davis Y 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 N Epps, C Y Epps, J N Evans N Floyd N Fludd
Frazier N Fullerton N Gardner Y Geisinger Y Golick N Gordon N Greene Y Hamilton Y Hanner E 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 E Holcomb Y Holmes Y Holt Y Horne Y Houston N Howard N Hudson N Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson N Johnson
Jones, J N Jones, S N Jordan Y Kaiser N Kendrick
Kidd Y Kirby 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
Meadows N Mitchell Y Morgan E Morris N Mosby N Murphy Y Neal, J
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
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 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
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas
Waites Y Watson Y Welch N Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 109, nays 49.

The motion prevailed.

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

Representative Lindsey of the 54th moved that SB 410 be placed upon the table.

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The motion prevailed.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 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.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:
SR 873. By Senators Gooch of the 51st, Miller of the 49th, Williams of the 19th, Jeffares of the 17th, Staton of the 18th and others:
A RESOLUTION authorizing the granting of restrictive easements, nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Bartow, Bibb, Butts, Chatham, Clinch, Douglas, Fulton, Gordon, Hall, Houston, McDuffie, Newton, Tattnall, and Ware County; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Authorizing the granting of restrictive easements, nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Appling, Bartow, Bibb, Chatham, Clayton, Clinch, Douglas, Fulton, Gordon, Hall, Houston, Jasper, Lowndes,

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McDuffie, Newton, Tattnall, and Ware County; to provide for an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Appling, Bartow, Bibb, Chatham, Clayton, Clinch, Douglas, Fulton, Gordon, Hall, Houston, Jasper, Lowndes, McDuffie, Newton, Tattnall, and Ware County; and
WHEREAS, Central Georgia EMC, Central Georgia Joint Development Authority, Clayton County Water Authority, Georgia Department of Transportation, Greystone Power Corporation, Flint EMC, Georgia Department of Natural Resources, Georgia Department of Transportation, Georgia Power Company, Jackson EMC, John S. Braddy and L & S Mullis Farms, Inc. desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property, and restrictive easements; and
WHEREAS, these restrictive easements, facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested or approved by the Department of Corrections, Department of Natural Resources, Georgia Bureau of Investigation, Georgia Department of Agriculture, Georgia Department of Defense, Georgia Forestry Commission, Georgia World Congress Center, State Properties Commission, and the Technical College System of Georgia.
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 hereinafter described real property lying and being in Land Lot 506 of the 3rd Land District of Appling County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for installing, maintaining and operating an early warning system associated with the power generation plant known as Plant Hatch in compliance with the Nuclear Energy Regulatory Commission regulations. Said easement area is located at the Altamaha River Moody Forest WMA in Appling County, Georgia and is more particularly described as follows:

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That approximately 0.0574 of an acre and that portion only as shown on a survey prepared by Toole Surveying Company, Inc. titled Georgia Power Company, Plant Hatch, Siren #014 and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said siren system and associated equipment.
SECTION 4. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said siren System.
SECTION 5. That, after Georgia Power Company has put into use the siren system this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the siren system shall become the property of the State of Georgia, or its successors and assigns.
SECTION 6. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon

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written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 8. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 9. 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, 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 10. That the consideration for such easement shall be for fair market value, not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Appling County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II SECTION 14.

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That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 321 of District 23, Section 2, Bartow County, Georgia, and that the property is in the custody of the Georgia Forestry Commission which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of an electrical power line. Said easement area is located at 3700 Hwy. 140, Rydal, Georgia and is more particularly described as follows:
That approximately 0.301 of an acre easement area and that portion only as shown highlighted in yellow on a drawing prepared by Rhodes Engineering Services (Paul R. Rogers, RLS) and being Job Title- Survey for State of Georgia, Department of The Georgia Forestry Commission. and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 16. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment.
SECTION 17. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line.
SECTION 18. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia or its successors and assigns.
SECTION 19. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said

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easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 21. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 22. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 23. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 24. That this grant of easement shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 25. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III SECTION 27.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 205, 206, 211, and 212, 5th. Land District, Bibb County and in Land Lots 250, 255, 265, 266, and 272, 5th. Land District, Houston County, Georgia, and the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Central Georgia Joint Development Authority (a State entity serving Bibb, Crawford, Houston, Jones, Monroe and Twiggs Counties), or its successors and assigns, a nonexclusive easement for the purpose of a restrictive easement to eliminate incompatible land use around Robins Air Force Base ("the Base") in Bibb and Houston Counties, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement is near or adjacent to the Base at Echeconnee Creek Natural Area in Bibb and Houston Counties, Georgia, and is more particularly described as follows:
That approximately 527.5 acres portion and that portion only as shown on a drawing prepared by Department of Natural Resources stamped Exhibit "A" showing the 367.924 acres in Houston County and the 159.576 acres in Bibb County highlighted in black outline, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 29. That the above-described premises shall be used solely for the purpose of a restrictive easement.
SECTION 30. That, after the Central Georgia Joint Development Authority completes the restrictive easement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Central Georgia Joint Development Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 31. That no title shall be conveyed to the Central Georgia Joint Development Authority and, except as herein specifically granted to the Central Georgia Joint Development Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Central Georgia Joint Development Authority.
SECTION 32. 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, 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 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon

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written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 34. That the easement granted to the Central Georgia Joint Development Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 35. That the consideration for such easement shall be future conveyance by the Central Georgia Joint Development Authority to the State of Georgia of additional properties to be used as buffer for the Base, such properties to be subject to the same easement restrictions, and any other consideration as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 36. That this grant of easement shall be recorded by the grantee in the Superior Courts of Bibb and Houston Counties and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 37. That the authorization in this resolution to grant the above-described restrictive easement to the Central Georgia Joint Development Authority shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 38. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IV SECTION 39.
That the State of Georgia is the owner of the hereinafter described real property lying and being in 5th. GMD, City of Savannah, Chatham County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 40. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the purpose of replacing and upgrading an old utility line. Said easement area is located at Skidaway Island State Park, Chatham County, Georgia and is more particularly described as follows:
That approximately 2.9 acre easement area and that portion only as shown highlighted in orange on a drawing marked Exhibit "A" and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 41. That the above-described premises shall be used solely for the purpose of replacing and upgrading the old utility line.
SECTION 42. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line.
SECTION 43. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia or its successors and assigns.
SECTION 44. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 45. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its

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discretion determine to be in the best interest of the State of Georgia. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 46. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 47. 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, 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 48. That the consideration for such easement shall be for fair market value not less than $10 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 49. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 50. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

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SECTION 51. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V SECTION 52.
That the State of Georgia is the owner of the hereinafter described real property lying and being in 6th. GMD, City of Savannah, Chatham County, Georgia, and that the property is in the custody of the Georgia Bureau of Investigation, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 53. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of an electrical power line. Said easement area is located at the Coastal Regional Crime Lab, Savannah Regional Drug Office, and the Bomb Truck Garage in Savannah, Georgia and is more particularly described as follows:
That approximately 0.027 and 0.10 of an acre easement areas and that portion only as shown highlighted in purple on two drawings prepared by Harmon A. Vedder and being Job Title Little Ogeechee-New Dutchtown 115V Transmission Line Parcel 177 (0.10 Acre) and Parcel 178 (0.27 Acre). and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 54. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment.
SECTION 55. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said electrical power line.
SECTION 56. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power

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Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia or its successors and assigns.
SECTION 57. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 58. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 59. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 60. 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, 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

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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 61. That the consideration for such easement shall be $46,500 and Georgia Power Company has agreed to provide as in-kind-cost-to-cure to GBI for the removal of existing trees, the planting of 29 Japanese Ligustrum trees and centipede sod, the installation of an irrigation system, and a two year maintenance and guarantee, to be installed upon completion of the transmission line, 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 62. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 63. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 64. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI SECTION 65.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 204, and 205, 12th. Land District, Clayton County, Georgia, and the property is in the custody of the Georgia Department of Defense, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 66. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Clayton County Water Authority, or its successors and assigns, a nonexclusive easement for the purpose of laying, constructing, operating, and maintaining utility structures including a sanitary sewer line in Clayton County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement is

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located at Oglethorpe Armory in Clayton County, Georgia, and is more particularly described as follows: That approximately 0.596 acres portion and that portion only as shown on a drawing prepared by Clayton County Water Authority stamped Exhibit "A" highlighted in yellow and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 67. That the above described premises shall be used solely for the purpose of laying, constructing, operating and maintaining a sewer line at Oglethorpe Armory in Clayton County, Georgia.
SECTION 68. That, after the Clayton County Water Authority completes the sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Clayton County Water Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 69. That no title shall be conveyed to the Clayton County Water Authority and, except as herein specifically granted to the Clayton County Water Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Clayton County Water Authority.
SECTION 70. 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, 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 71. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate

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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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 72. That the easement granted to the Clayton County Water Authority 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 73. That the consideration for such easement shall be $10 and any other consideration as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 74. That this grant of easement shall be recorded by the grantee in the Superior Court of Clayton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 75. That the authorization in this resolution to grant the above-described easement to the Clayton County Water Authority shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 76. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VII SECTION 77.

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That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 470, Seventh Land District, Clinch County, Georgia, and the property is in the custody of the Georgia Forestry Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 78. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for the purpose of construction of a road widening project for US Hwy 441 Widening Project No. EDS-441(46) Clinch County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Clinch County, Georgia, and is more particularly described as follows:
Those approximately 0.045 of an acre portion and that portion only as shown in yellow on a drawing prepared by Georgia Department of Transportation and being Job Title "US Hwy 441 Widening Project, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 79. That the above-described premises shall be used solely for the purpose of constructing the road widening project.
SECTION 80. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said road widening.
SECTION 81. That, after the Georgia Department of Transportation completes the road widening project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 82. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation.
SECTION 83. 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, 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 84. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 85. That the easement granted to the Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 86. That the consideration for such easement shall be $10 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 87. That this grant of easement shall be recorded by the grantee in the Superior Court of Clinch County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 88. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 89. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VIII SECTION 90.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 176 and 180, 1st. District, 5th. Section, Douglas County, Georgia, and that the property is in the custody of the Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 91. That the State of Georgia, acting by and through its State Properties Commission, may grant to Greystone Power Corporation, or its successors and assigns, a nonexclusive easement area for the construction, operation and maintenance of an electrical power line. Said easement area is located at the Sweetwater Creek State Park, Riverside Parkway in Douglas County and is more particularly described as follows:
That approximately 2.74 acres easement area and that portion only as shown highlighted in blue on that drawing prepared by Greystone Power Corporation, and being Job "Exhibit A" Riverside Parkway Double Circuit Land Lot 176, 1st.District, 5th. Section, Douglas County, and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 92. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment.
SECTION 93. That Greystone Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line.
SECTION 94. That, after Greystone Power Corporation has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Greystone Power Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns.
SECTION 95. That no title shall be conveyed to Greystone Power Corporation and, except as herein specifically granted to Greystone Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Greystone Power Corporation.
SECTION 96. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

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SECTION 97. That the easement granted to Greystone Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 98. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 99. That the consideration for such easement shall be fair market value, not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 100. That this grant of easement shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 101. That the authorization in this resolution to grant the above-described easement to Greystone Power Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 102. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IX SECTION 103.
The State of Georgia is the owner of certain parcels of real property located in Fulton County, Georgia that is all that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County containing approximately 3 acres and being more particularly described as Tract Parcels "1," "2," and "3" on a drawing entitled "Property

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Breakout Sketch (Green Lot - CFHOF)" last revised February 4, 2011, and being on file in the offices of the State Properties Commission and may be more particularly described on plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 104. The above-described tract parcels comprise a portion of the George L. Smith II Georgia World Congress Center campus which is in the custody of the Department of Economic Development and managed by the George L. Smith II Georgia World Congress Center Authority through that certain management agreement dated April 8, 1974, as subsequently amended, and which does not object to the granting of these easements, hereinafter referred to as the easement areas and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 105. The 2011 Act 255 (HR 95) authorized the ground lease of 1.4 acres ("Tract 2" the Primary Lease Parcel) to Atlanta Hall Management, Inc. (AHM) for 30 years with four renewal options of five years each, including the granting of nonexclusive appurtenant easements for the use and enjoyment of the College Football Hall of Fame facility for the term of the lease 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; and AHM for the College Football Hall of Fame is desirous of being granted easement areas on or through Tract 3 for utility-like uses including but not limited to the construction, operation and maintenance of a shared detention pond for the College Football Hall of Fame facility and a state-owned parking deck, and installation, operation and maintenance of grease traps to connect to City of Atlanta sewer.
SECTION 106. The State of Georgia has also approved the acquisition from the City of Atlanta of the former Foundry Street property, which is adjacent to and surrounded by Tracts 2 and 3, and which will require relocation of various existing utility easements from that property onto State property.
SECTION 107. That the State of Georgia, acting by and through its State Properties Commission, may grant to those various utility companies or to AHM, or each successor and assign, nonexclusive easement areas on State property. Said easement areas are particularly to be described by respective plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 108. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating and re-locating as appropriate said utilities or utility-like uses.
SECTION 109. That the various grantees shall have the right to remove or cause to be removed from said easement area only such trees and bushes as and when approved by George L. Smith II Georgia World Congress Center Authority and as may be reasonably necessary for the proper installation, operation, and maintenance of said utilities or utility-like uses.
SECTION 110. That after these easements are granted, a subsequent abandonment of the use of each 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, each grantee, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event those facilities and equipment shall become the property of the State of Georgia, or its successors and assigns.
SECTION 111. That no title shall be conveyed to the grantees and, except as herein specifically granted in each easement, all rights, title, and interest in and to said easement areas is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the utilities or AHM.
SECTION 112. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the State's use or intended use of an easement area, the easement area should be relocated to an alternate site within State property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves in advance of any construction being commenced a schedule and written estimate for the cost of such removal and relocation. Upon written request from a Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

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SECTION 113. That each easement granted 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 114. 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, 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 each easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of each easement area.
SECTION 115. That the consideration for each easement shall not be less than $10 and shall be set by the State Properties Commission, 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 116. That this grant of each easement shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 117. That the authorization in this resolution to grant the above-described easements shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 118. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of these easement areas.
ARTICLE X SECTION 119.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 26 of the 14th. Land District, 3rd. Section, Gordon County, Georgia, and that the property is in the custody of the Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement

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area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 120. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Department of Transportation or its successors and assigns, a nonexclusive easement area to reconstruct the Interchange Improvement at I-75 Interchange located on the Northwest corner side of SR 136 and I-75 in Resaca, Gordon County and is more particularly described as follows:
That approximately 0.030 acre easement area and that portion only as shown highlighted in Orange and an area shown colored in Pink for the reconstruction of a driveway on that drawing prepared by Briendley Pieters & Associates, Inc, and being Job Title "STPIM-0075-03(210) Gordon County P.I. # 610930, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 121. That the above-described premises shall be used solely for the purpose of reconstructing the Interchange Improvement at I-75 Interchange @SR 136 in Gordon County, Georgia.
SECTION 122. 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 construction of the road reconstruction.
SECTION 123. That, after Georgia Department of Transportation has constructed the road reconstruction this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the road reconstruction shall become the property of the State of Georgia, or its successors and assigns.
SECTION 124. 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.

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SECTION 125. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 126. 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 127. 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, 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 128. That the consideration for such easement shall be $10 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 129. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 130. That the authorization in this resolution to grant the above-described easement to Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 131. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XI SECTION 132.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 13 of the 14th. Land District, Gordon County, Georgia, and that the property is in the custody of the State Properties Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 133. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Department of Transportation or its successors and assigns, a nonexclusive easement area for the construction of a road widening at SR3/US41/SR136 at SR136 in Gordon County and is more particularly described as follows:
That approximately 0.121 acre easement area and that portion only as shown highlighted in Orange on that drawing prepared by Briendley Pieters & Associates, Inc, and being Job Title "STPIM-0075-03(210) Gordon County P.I. # 610930., and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 134. That the above-described premises shall be used solely for the purpose of constructing a road widening at SR3/US41/SR136 at SR136 in Gordon County, Georgia.
SECTION 135. 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 construction of the road widening.
SECTION 136. That, after Georgia Department of Transportation has constructed the road widening this easement is granted for, a subsequent abandonment of the use thereof shall cause a

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reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the road widening shall become the property of the State of Georgia, or its successors and assigns.
SECTION 137. 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 138. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 139. 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 140. 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, of a county with respect to the county road system, or of a municipality with

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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 141. That the consideration for such easement shall be $10 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 142. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 143. That the authorization in this resolution to grant the above-described easement to Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 144. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XII SECTION 145.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 169, 171, 10th. Land District, Hall County, Georgia, and the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 146. That the State of Georgia, acting by and through its State Properties Commission, may grant to Hall County, or its successors and assigns, a nonexclusive easement for the purpose of constructing, maintaining, and operating county roads in Hall County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Hall County, Georgia, and is more particularly described as follows:
That approximate total .407 of an acre consisting of three parcels of 0.007, 0.12, and 0.28 acres and that portion only as shown in red on an Exhibit "A" labeled Don Carter

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State Park Road Easements, Hall County and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 147. That the above-described premises shall be used solely for the purpose of constructing, maintaining, and operating county roads at Don Carter State Park.
SECTION 148. That Hall County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said roads.
SECTION 149. That after Hall County completes the road construction project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Hall County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 150. That no title shall be conveyed to Hall County and, except as herein specifically granted to Hall County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Hall County.
SECTION 151. 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, 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 152. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate

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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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 153. That the easement granted to Hall County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 154. That the consideration for such easement shall be $10 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 155. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 156. That the authorization in this resolution to grant the above-described easement to Hall County shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 157. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIII SECTION 158.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 165, 166, 168-172, 10th. Land District and Land Lots 96, 97, 120, 12th. Land District, GMD 1695, Hall County, Georgia, and the property is in the custody

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of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 159. That the State of Georgia, acting by and through its State Properties Commission, may grant to Jackson EMC, or its successors and assigns, a nonexclusive easement for the purpose of installing, maintaining, and operating overhead power lines in Hall County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Hall County, Georgia, and is more particularly described as follows:
That approximate area shown (engineered drawings to follow for approximate area and as built surveys to be provided upon completion of installation) and that portion only as shown in blue on an Exhibit "A" labeled Don Carter State Park Power Lines, Hall County and being on file in the offices of the State Properties Commission; and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 160. That the above-described premises shall be used solely for the purpose of constructing, maintaining, and operating power lines at Don Carter State Park.
SECTION 161. That Jackson EMC shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said power lines.
SECTION 162. That after Jackson EMC completes the utility lines project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment Jackson EMC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 163. That no title shall be conveyed to Jackson EMC and, except as herein specifically granted to Jackson EMC, 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 Jackson EMC.

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SECTION 164. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 165. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 166. That the easement granted to Jackson EMC 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 167. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 168. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 169. That the authorization in this resolution to grant the above-described easement to Jackson EMC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 170. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIV SECTION 171.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 165 and 166, 10th. District, Houston County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 172. That the State of Georgia, acting by and through its State Properties Commission, may grant to Flint EMC, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of an electrical power line. Said easement area is located at the Middle Georgia Technical College, Main Campus, Houston County and is more particularly described as follows:
That approximately 0.774 of an acre easement areas (two areas comprised of 0.104 and 0.162 acres) and that portion only as shown highlighted in yellow on that survey prepared by Christopher A. Branscom, Georgia Registered Surveyor No. 3164 and being Job Title Easement Plats for Flint Energies, Waddell & Company and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 173. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment.
SECTION 174. Flint EMC shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation and maintenance of said electrical power line.

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SECTION 175. That, after Flint EMC has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment Flint EMC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns.
SECTION 176. That no title shall be conveyed to Flint EMC and, except as herein specifically granted to Flint EMC 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 Flint EMC.
SECTION 177. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 178. That the easement granted to Flint EMC 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 179. 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, of a county with respect to the county road system, or of a municipality with

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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 180. That the consideration for such easement shall be $10 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 181. That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 182. That the authorization in this resolution to grant the above-described easement to Flint EMC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 183. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XV SECTION 184.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 268, 19th. Land District, Jasper County, Georgia, and the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 185. That the State of Georgia, acting by and through its State Properties Commission, may grant Central Georgia EMC, or its successors and assigns, a nonexclusive easement for the purpose of constructing, operating and maintaining an overhead power line for the expansion of the shooting range at Charlie Elliot Wildlife Center in Jasper County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Jasper County, Georgia, and is more particularly described as follows:

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That approximately 0.396 of an acre portion and that portion only as shown in yellow on a drawing prepared by Breedlove Land Planning, Inc. titled Charlie Elliot Wildlife Center, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 186. That the above-described premises shall be used solely for the purpose of installing an overhead power line at Charlie Elliot Wildlife Center in Jasper County.
SECTION 187. That Central Georgia EMC shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of the overhead power line.
SECTION 188. That, after Central Georgia EMC completes the power line project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Central Georgia EMC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the power line shall become the property of the State of Georgia, or its successors and assigns.
SECTION 189. That no title shall be conveyed to Central Georgia EMC and, except as herein specifically granted to Central Georgia EMC, 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 Central Georgia EMC.
SECTION 190. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of Department of Transportation with respect to the state highway system, 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 191. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the

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easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 192. That the easement granted to Central Georgia EMC 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 193. That the consideration for such easement shall be $10 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 194. That this grant of easement shall be recorded by the grantee in the Superior Court of Jasper County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 195. That the authorization in this resolution to grant the above-described easement to Central Georgia EMC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 196. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVI SECTION 197.

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That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 76 of the 11th Land District and the 663rd. GMD, City of Valdosta, Lowndes County, Georgia, and that the property is in the custody of the Georgia Department of Agriculture, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 198. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the purpose of moving, relocating, maintaining, and operating power lines. Said easement area is located at the Valdosta Farmers Market Lowndes County, Georgia and is more particularly described as follows:
That approximately 0.619 acre easement area and that portion only as shown highlighted in red dashed outline on a drawing marked Exhibit "A-1-2" prepared by Georgia Power Company. And being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 199. That the above described premises shall be used solely for the purpose of moving, relocating, maintenance, and operation of existing power lines necessitated by a Lowndes County Department of Transportation road improvement project funded partially by the Georgia Department of Transportation.
SECTION 200. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper moving, relocating, operation and maintenance of said power line.
SECTION 201. That after Georgia Power Company has put into use the power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the power line shall become the property of the State of Georgia or its successors and assigns.

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SECTION 202. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 203. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 204. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 205. 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, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

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SECTION 206. That the consideration for such easement shall be for fair market value not less than $650 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 207. That this grant of easement shall be recorded by the grantee in the Superior Court of Lowndes County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 208. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 209. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVII SECTION 210.
That the State of Georgia is the owner of the hereinafter described real property lying and being in the 134th. GMD, McDuffie County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 211. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of an underground electrical power line. Said easement area is located at the Thompson campus of Augusta Technical College in McDuffie County and is more particularly described as follows:
That approximately 0.101 of an acre easement area and that portion only as shown highlighted in yellow on that drawing prepared by WK Dickson and being Job Title "Utility Plan Augusta Technical College Aircraft Technology Building Project #DTAE147" and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 212. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment.
SECTION 213. Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation and maintenance of said electrical power line.
SECTION 214. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns.
SECTION 215. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 216. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

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SECTION 217. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 218. 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, 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 219. That the consideration for such easement shall be $10 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 220. That this grant of easement shall be recorded by the grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 221. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 222. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVIII SECTION 223.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 295, 9th. District, Newton County, Georgia, and the property is in the custody of the Technical College System of Georgia which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all

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matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 224. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for the reconstruction of SR 142 under DOT Project NumberSTP-00-1418-00(003) in Newton County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Newton County, Georgia, and is more particularly described as follows:
That approximately 0.0107 acre easement area and that portion only as shown in orange on a drawing prepared by Georgia Department of Transportation and being Job Title Project No. STP-00-1418-00(003), and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 225. That the above-described premises shall be used solely for the purpose of the road reconstruction project.
SECTION 226. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the road reconstruction project.
SECTION 227. That, after the Georgia Department of Transportation completes the road reconstruction project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 228. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation.

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SECTION 229. 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, 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 230. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 231. That the easement granted to the Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 232. That the consideration for such easement shall be $10 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 233. That this grant of easement shall be recorded by the grantee in the Superior Court of Newton County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 234. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 235. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIX SECTION 236.
That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1645th. GMD, Tattnall County, Georgia, and that the property is in the custody of the Georgia Department of Corrections, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 237. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for an early warning system associated with the power generation plant known as Plant Hatch in compliance with the Federal Nuclear Energy Regulatory Commission regulations. Said easement area is located at the Department of Corrections' Georgia State Prison Property in Tattnall County, Reidsville, Georgia and is more particularly described as follows:
That approximately 0.0574 of an acre easement area and that portion only as shown highlighted in Gold on that drawing prepared by Georgia Power Company Land Department and being Job Title "Plant Hatch Alert Notification (Siren) System Exhibit "A" Map, Siren #045" and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 238. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said siren system and associated equipment.
SECTION 239. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said siren.

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SECTION 240. That, after Georgia Power Company has put into use the siren this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the siren shall become the property of the State of Georgia, or its successors and assigns.
SECTION 241. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 242. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 243. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 244. 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, 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 245. That the consideration for such easement shall be for fair market value, not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 246. That this grant of easement shall be recorded by the grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 247. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 248. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XX SECTION 249.
That the State of Georgia is the owner of the hereinafter described real property lying and being in original Land Lot 32, 9th. District, Ware County, Georgia, and the property is in the custody of the Georgia Forestry Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 250. That the State of Georgia, acting by and through its State Properties Commission, may grant to John S. Braddy a nonexclusive easement for a permanent access easement together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is

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located at 4333 Okefenokee Swamp Road, Waycross, Ga. 31503 in Ware County, Georgia, and is more particularly described as follows:
That 0.207 of an acre portion and that portion only as shown highlighted in yellow on a drawing prepared by D Lavone Herrin and being Job Title "Resurvey of 0.813 Acre including 25' Easement", and all being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 251. That the above-described premises shall be used solely for the purpose of a permanent access easement.
SECTION 252. That John S. Braddy 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 permanent access easement.
SECTION 253. That, after John S. Braddy has put into use the permanent access easement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, John S. Braddy, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 254. That no title shall be conveyed to the John S. Braddy, and, except as herein specifically granted to John S. Braddy, 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 John S. Braddy.
SECTION 255. 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, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

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SECTION 256. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 257. That the easement granted to John S. Braddy 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 258. That the consideration for such easement shall be for fair market value, not less than $10 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 259. That this grant of easement shall be recorded by the grantee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 260. That the authorization in this resolution to grant the above-described easement to John S. Braddy shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.
SECTION 261. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XXI SECTION 262.
That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 12, 9th. District, Ware County, Georgia, and the property is in the custody of the Georgia Forestry Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 263. That the State of Georgia, acting by and through its State Properties Commission, may grant to Steve and Julie Mullis/L & S Mullis Farms, Inc. a nonexclusive easement for a permanent access easement and installation of a power line/pole at Dixon Memorial State Forest together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement will be for a total of 45' in width (30' for the road and 15' for the power line/pole). The easement will be for farm access only and if the land is converted or rezoned for other than agriculture purposes the easement is terminated and reverts back to the Georgia Forestry Commission. Said easement area is located on Lloyd Strickland Road in the Dixon Memorial State Forest in Ware County, Georgia, and is more particularly described as follows:
That 0.944 of an acre portion and that portion only as shown highlighted in yellow on a survey prepared by Registered Surveyor, Charles H. Tomberlin and being titled Survey for L & S Mullis Farms, Inc., and being on file in the offices of the State Properties Commission, and more particularly described in said plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 264. That the above-described premises shall be used solely for the purpose of a permanent access easement and power line/pole installation.
SECTION 265. That L & S Mullis Farms, Inc. shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the permanent access easement.
SECTION 266. That, after L & S Mullis Farms, Inc. has put into use the permanent access easement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, L & S Mullis

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5417

Farms, Inc. or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 267. That no title shall be conveyed to L & S Mullis Farms, Inc., and except as herein specifically granted to L & S Mullis Farms, Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to L & S Mullis Farms, Inc.
SECTION 268. 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, 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 269. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an 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. The Grantee 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 Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.
SECTION 270. That the easement granted to L & S Mullis Farms, Inc. shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the

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description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 271. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 272. That this grant of easement shall be recorded by the grantee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 273. That the authorization in this resolution to grant the above-described easement to L & S Mullis Farms, Inc. shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission.

SECTION 274. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XXII SECTION 275.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

ARTICLE XXIII SECTION 276.

That all laws or parts of laws in conflict with this resolution are repealed.

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

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

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

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill E Holcomb

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell

Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E

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5419

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

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
Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y 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

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

Y Morgan E 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 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

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

On the adoption of the Resolution, by substitute, the ayes were 159, nays 0.

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

Representative Taylor of the 173rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 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.

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The following amendment was read and adopted:
Representative Rice of the 51st offers the following amendment:
Amend the Senate committee substitute to SB 293 (LC 34 3374S) by replacing line 1 through line 214 with the following: 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 that the nation's motto, "In God We Trust," be available on a decal for use on license plates; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising subsection (b) of Code Section 40-2-9, relating to the display of the "In God We Trust" decal, as follows:
"(b) The department shall make available to all license plates recipients a decal with the same dimensions as the county name decal that contains the words, 'In God We Trust.' The department shall provide such decal free of charge to any person requesting such decal no more than the cost to the department for the manufacture and distribution of such decal it. Such decal may be displayed in the space reserved for the county name decal in lieu of the county name decal."
SECTION 2. Said chapter is further amended by revising subsections (e) and (f) of Code Section 40-231, relating to the design of license plates and revalidation and county decals, and by adding a new subsection to read as follows:
"(e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other information required to be present on the plate. A tag agent shall offer, upon such issuance of a new permanent license plate, the option of obtaining a county decal or a decal providing for the nation's motto, 'In God We Trust.' (f) A county tag agent shall issue a county name decal, upon request, for the agent's county only if:
(1) The applicant is a resident of or a business located in the county named on the decal; (2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to the county named on the decal; and

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5421

(3) The application for registration of the vehicle is being made in the county named on the decal. (g) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the nation's motto, 'In God We Trust.' A tag agent shall offer, upon such issuance of a new permanent license plate, the option of obtaining a county decal or a decal providing for the nation's motto, 'In God We Trust.' Such a decal shall be issued, upon request and free of charge, by a county tag agent with each new permanent license plate."

SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 40-2-60.1, relating to the administrative procedure for issuing special license plates, as follows:
"(d) The agency, fund, or nonprofit corporation sponsoring a special license plate, in cooperation with the commissioner, shall design a special distinctive license plate appropriate to promote the program benefitted by the issuance of the special license plate. Special license plates for groups of individuals and vehicles shall be readily recognizable by the insertion of an appropriate logo or graphic identifying the special nature of the license plate. All special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. Spaces for county name labels or other authorized labels, including the 'In God We Trust' label, are required for all special license plates authorized under this Code section unless expressly eliminated by the request of the agency, fund, or nonprofit corporation sponsoring a special license plate at the time the license plate is designed under this chapter."

SECTION 4. This Act shall become effective on July 1, 2012, and shall apply to license plates issued on or after such date.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Abdul-Salaam Y Abrams Y Allison Y Amerson

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson

Heckstall Y Hembree Y Henson Y Hightower

Y Mayo Y McBrayer N McCall Y McKillip

Y Setzler Y Shaw Y Sheldon Y Sims, B

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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
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 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 N Fullerton Y Gardner Y Geisinger Y 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

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

Y Meadows Y Mitchell Y Morgan E Morris Y Mosby Y Murphy Y Neal, J
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 E Scott, M Y Scott, S

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

On the passage of the Bill, as amended, the ayes were 157, nays 6.

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

Representative Brockway of the 101st stated that 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 messages were received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

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

TUESDAY, MARCH 27, 2012

5423

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 crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
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 Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having previously been read, was again taken up for consideration:
SB 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.

The Committee substitute was previously read.

The following amendment was read:

Representative Knight of the 126th et al. offer the following amendment:

Amend the House Committee on Natural Resources and Environment substitute to SB 427 (LC 40 0185S) by revising lines 46 through 53 to read as follows:
(C) When any application for a permit or variance is pending before the director and the director has not either granted or denied the permit or variance within the time specified for the director to do so, the director shall immediately refund any and all fees which were required to be submitted by the applicant as a condition of the permit application, except for fees required to be levied pursuant to federal law or when the delay in decision making has been due to extenuating circumstances beyond the control of the director. Such fee refund shall not otherwise affect the application process, and the application shall be granted, denied, or otherwise handled as it otherwise would have been, except that the fee requirement shall be waived. Nothing in this subparagraph is intended to diminish the responsibility of the director to make timely decisions in the granting or denial of applications in accordance with subparagraph (A) of this paragraph."

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

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

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

N Heckstall Hembree
N Henson Y Hightower Y Hill E Holcomb Y Holmes Y Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs E James N Jasperse Y Jerguson N Johnson

N Mayo McBrayer
Y McCall Y McKillip
Meadows N Mitchell N Morgan E Morris N Mosby Y Murphy N Neal, J N Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal N Pak N Parent Y Parrish

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

TUESDAY, MARCH 27, 2012

5425

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

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

Y Jones, J N Jones, S N Jordan N Kaiser N Kendrick
Kidd Y Kirby Y Knight Y Lane Y Lindsey N Long Y Maddox, B N Maddox, G N Manning N Marin Y Martin Y Maxwell

N Parsons Y Peake N Powell, A Y Powell, J N Pruett Y Purcell N Ramsey N Randall N Reece N Rice Y Riley N Roberts N Rogers, C N Rogers, T N Rynders E Scott, M N Scott, S

N Taylor, T Teasley
Y Thomas N Waites Y Watson Y Welch N Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C E Williams, E N Williams, R Y Williamson Y Yates
Ralston, Speaker

On the adoption of the amendment, the ayes were 57, nays 105.

The amendment was lost.

The Committee substitute was adopted.

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

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

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

Y Davis N 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 N Evans N Floyd N Fludd N Frazier N Fullerton

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

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

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 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

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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 N Crawford

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

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

N Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece Y Rice Y Riley Y Roberts Y Rogers, C N Rogers, T N Rynders E Scott, M N Scott, S

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

On the passage of the Bill, by substitute, the ayes were 98, nays 71.

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

Representative Smyre of the 132nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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.

The report of the Committee, which was favorable to the 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 Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows

Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C

TUESDAY, MARCH 27, 2012

5427

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
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 Dickson Y Dobbs
Dollar Y Drenner Y Dudgeon
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 E Harbin Y Harden, B Y Harden, M Y Harrell
Hatchett Y Hatfield Y Heard

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

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

On the passage of the Bill, the ayes were 162, nays 0.

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

The Speaker announced the House in recess until 6:00 o'clock, this evening.

The Speaker called the House to order.

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

Mr. Speaker:

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

HB 923. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd:

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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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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:
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.
The following bill of the House by the requisite constitutional majority has lost in the Senate:
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

TUESDAY, MARCH 27, 2012

5429

candidates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 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.
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.
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 Resolutions of the House were read and adopted:

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HR 2090. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending the 2012 legislative session administrative assistants for the House of Representatives on their exemplary service; and for other purposes.
HR 2091. By Representative Crawford of the 16th:
A RESOLUTION commending Dr. Darrell Lee, Rockmart High School's 2012 STAR Teacher; and for other purposes.
HR 2092. By Representative Crawford of the 16th:
A RESOLUTION commending Kayli Michelle Wilson, Rockmart High School's 2012 STAR; and for other purposes.
HR 2093. By Representative Greene of the 149th:
A RESOLUTION recognizing and commending Ms. Hattie Mae Perry on the occasion of her 85th birthday; and for other purposes.
HR 2094. By Representative Epps of the 140th:
A RESOLUTION commending Mr. Bruce Bauman, Windsor Academy's 2012 STAR Teacher; and for other purposes.
HR 2095. By Representative Epps of the 140th:
A RESOLUTION commending Brad Collins, Windsor Academy's 2012 STAR Student; and for other purposes.
HR 2096. By Representatives Clark of the 98th, Dunahoo of the 25th, Coleman of the 97th, Casas of the 103rd, Rice of the 51st and others:
A RESOLUTION congratulating the Buford High School softball team on winning their fifth consecutive GHSA Class AA State Championship; and for other purposes.
HR 2097. By Representatives Clark of the 98th, Dunahoo of the 25th, Coleman of the 97th, Casas of the 103rd, Rice of the 51st and others:

TUESDAY, MARCH 27, 2012

5431

A RESOLUTION recognizing and commending the Buford High School literary team on winning the 2011 Class AA State Championship; and for other purposes.

HR 2098. By Representatives McBrayer of the 153rd, Roberts of the 154th and Houston of the 170th:

A RESOLUTION recognizing and commending Kelsy Cotto; and for other purposes.

HR 2099. By Representative Crawford of the 16th:

A RESOLUTION recognizing and commending Chad and Julie Carlton; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

SB 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.

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

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

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

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

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

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

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

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

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

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

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

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

On the passage of the Bill, the ayes were 67, nays 93.

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

Representatives Braddock of the 19th and Manning of the 32nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Welch of the 110th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

SR 84.

By Senators Carter of the 1st, Jackson of the 24th, Staton of the 18th, Rogers of the 21st, Williams of the 19th and others:

A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow state entities to enter into multiyear rental agreements without obligating present funds for the full obligation to

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5433

the state under the full term of such agreements; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia so as to authorize the General Assembly to allow certain state entities to enter into multiyear rental agreements without obligating present funds for the full obligation to the state under the full term of such agreements; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VII, Section IV of the Constitution is amended by adding a new Paragraph to read as follows:
"Paragraph XIII. Multiyear rental agreements. The General Assembly may by general law authorize the State Properties Commission, the Board of Regents of the University System of Georgia, and the Georgia Department of Labor to enter into rental agreements for the possession and use of real property without obligating present funds for the full amount of obligation the state may bear under the full term of any such rental agreement. Any such agreement shall provide for the termination of the agreement in the event of insufficient funds."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to provide for a reduction in the state's operating costs by allowing the General Assembly
( ) NO to authorize certain state agencies to enter into multiyear rental agreements?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

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

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

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

Y Mayo McBrayer 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 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 E 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 Y 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 N Taylor, D Y Taylor, R N Taylor, T Y Teasley Y Thomas Y Waites Y Watson
Welch Y Weldon N Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C E Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the adoption of the Resolution, by substitute, the ayes were 146, nays 14.

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

Due to a mechanical malfunction, the vote of Representative Welch of the 110th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Howard of the 121st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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5435

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.

SB 37.

By Senators Carter of the 1st, Jackson of the 24th, Staton of the 18th, Rogers of the 21st, Williams of the 19th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to provide the State Properties Commission the authority to enter into multiyear lease agreements; to provide for the termination of certain rental and lease agreements; 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 provide for multiyear lease agreements managed by the State Properties Commission; to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to provide the State Properties Commission the authority to enter into multiyear lease or rental agreements; to provide for legislative oversight of certain multiyear lease or rental agreements by the General Assembly; to provide for fiscal policies for multiyear lease or rental agreements to be adopted by the Georgia State Financing and Investment Commission; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," is amended by revising Code Section 50-16-41, relating to authorizing rental agreements without competitive bidding, limitations, charging the commission with the management of administrative space, standards governing the utilization of administrative space, reassignment of administrative space, and rules and regulations therefor, as follows:
"50-16-41. (a) Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission is authorized to negotiate, prepare, and enter into in its own name rental agreements whereby a part of the property is rented, without public competitive bidding, to a person for a length of time not to exceed one year and for adequate monetary consideration (in no instance to be less than a rate of $250.00 per year),

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which shall be determined by the commission, and pursuant to such terms and conditions as the commission shall determine to be in the best interest of the state. The same property or any part thereof shall not be the subject matter of more than one such rental agreement to the same person unless the commission shall determine that there are extenuating circumstances present which would make additional one-year rental agreements beneficial to the state; provided, however, the same property or any part thereof shall not after April 24, 1975, be the subject matter of more than a total of three such one-year rental agreements to the same person. (b) The commission is given the authority and charged with the duty of managing the utilization of administrative space by all state entities, except that the Board of Regents of the University System of Georgia and the Georgia Department of Labor may manage their own space but only for leases that are for a term of one year or less, within the State of Georgia, and required for their core mission. The commission shall manage the utilization of administrative space for all multiyear lease agreements entered into on behalf of any state entity, including the Board of Regents of the University System of Georgia and the Georgia Department of Labor. The commission shall manage in a manner that is the most cost efficient and operationally effective and which provides decentralization of state government. Such management shall include the authority to assign and reassign administrative space to state entities based on the needs of the entities as determined by standards for administrative space utilization promulgated by the commission pursuant to subsection (g) of this Code section and shall include the obligation to advise the Office of Planning and Budget and state entities of costeffective, decentralized alternatives. (c) The management of the utilization of administrative space by the commission shall include entering into any necessary agreements to rent or lease administrative space, whether existing or to be constructed, and shall include administrative space rented or leased by a state entity from the Georgia Building Authority or from any other public or private person, firm, or corporation. When it becomes necessary to rent or lease administrative space, the space shall be rented or leased by the commission and for a term not to exceed 20 years. The space shall be assigned to the state entity or entities requiring the space. A multiyear lease resulting from a sale and lease back shall be treated as a conveyance of real property by the state and shall be reviewed for approval or disapproval by the General Assembly and Governor in the same manner as a conveyance of state properties provided for in Code Section 50-16-39. (d) If the commission reassigns all or any portion of any administrative space which is leased or rented by one state entity to another state entity, the state entity to which the administrative space is reassigned shall may pay to the commission rental charges, as determined by the commission, for the utilization of the space; and the commission shall may, in turn, use the rental charges so paid for the purpose of paying or partially paying, as the case may be, the rent or lease payments due the lessor of the administrative space in accordance with the terms of the lease or rent contract existing at the time of the reassignment of the administrative space. Any such payments to a

TUESDAY, MARCH 27, 2012

5437

lessor by the commission shall be on behalf of the state entity which is the lessee of the administrative space reassigned as provided in this Code section. (e) The management of the utilization of administrative space given to the commission by this Code section shall not be construed to impair the obligation of any contract executed before July 1, 1976, between any state entity and the Georgia Building Authority or between any state entity and any other public or private person, firm, or corporation; and the powers given to the commission by this Code section shall not be implemented or carried out in such a manner as to impair the obligation of any such contract. (f) The commission is authorized and directed to develop and promulgate standards governing the utilization of administrative space by all state entities which require emphasis on cost effectiveness and decentralization. The standards shall be uniformly applied to all state entities except as otherwise provided by subsection (g) of this Code section, but the standards shall recognize and provide for different types of administrative space required by the various state entities and the different types of administrative space that may be required by a single state entity. (g) The commission shall be authorized to reassign administrative space to the various state entities in order to bring the utilization of administrative space into conformity with the standards promulgated under subsection (f) of this Code section. Any additional administrative space required by a state entity shall be approved by and obtained through the commission. The commission shall be authorized to grant exceptions to the standards governing the utilization of administrative space when the reassignment of such space would involve unnecessary expenses or the disruption of services being provided by a state entity. The commission shall adopt and promulgate rules and regulations governing the granting of such exceptions, and the rules and regulations shall be uniformly applied by the commission to all state entities requesting an exception to the standards. (h) For purposes of cost effectiveness and decentralization, the following factors, among other factors, shall be considered:
(1) Dual location of programs within a city should be considered in order to take advantage of possible economies of scale and as a matter of convenience to the general public; or (2) When all factors are reasonably equivalent, preferences will be given to location of state government programs and facilities in those counties which are determined by the Department of Community Affairs to be the most economically depressed, meaning those 71 tier 1 counties of the state designated as least developed under paragraph (2) of subsection (b) of Code Section 48-7-40. (i) The commission is authorized and directed to promulgate rules and regulations governing budgetary requirements for administrative space utilized by state entities in cooperation with the Office of Planning and Budget whereby the entities shall be accountable in the budgetary process for administrative space assigned to and utilized by them. The budgetary requirements may provide for the payment of rent to the commission by state entities or may otherwise provide procedures for the assessment of

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JOURNAL OF THE HOUSE

rent charges for administrative space utilized by state entities or any combination of the foregoing. (j) The commission shall provide a multiyear leasing report annually, no later than September 1 of each year, to the Governor, President of the Senate, Speaker of the House of Representatives, chairpersons of the Senate Appropriations Committee and the House Committee on Appropriations, and chairpersons of the Senate State Institutions and Property Committee and the House Committee on State Institutions and Property. The report shall provide the total sum of all leasing obligations to be paid by the state for the upcoming fiscal year. Such report shall include an itemization and total of all revenues collected from the previous fiscal year and provide an itemized budget allocation for the upcoming fiscal year. The report shall also provide a list of all existing multiyear lease agreements and the identity of the contracting parties for each. (j)(k) In addition to the standards and rules and regulations specifically provided for by this Code section, the commission is authorized to adopt such other rules and regulations as may be required to carry out this Code section efficiently and effectively.
(l)(1) The Georgia State Financing and Investment Commission is authorized to establish fiscal policies regarding multiyear lease and rental agreements and, each fiscal year, may establish a total multiyear contract value authority. During the fiscal year, the multiyear contract value authority may be revised as determined necessary by the Georgia State Financing and Investment Commission. The total multiyear contract value authority may be based upon the Governor's revenue estimate for subsequent fiscal years and other information as determined by the Georgia State Financing and Investment Commission. (2) No multiyear lease or rental agreement shall be entered into under the provisions of this Code section until the Georgia State Financing and Investment Commission has established the fiscal policies and multiyear contract value authority for the current and future fiscal years. Any multiyear lease or rental agreement entered into that is not in compliance with such fiscal policies and multiyear contract value authority shall be void and of no effect. (3) At the beginning of each fiscal year, a budget unit's appropriations shall be encumbered for the estimated payments for any multiyear lease and rental agreements in that fiscal year. The commission shall have the right to terminate, without further obligation, any multiyear lease or rental agreement if the commission determines that adequate funds will not be available for the payment obligations of the commission under the agreement. The commission's determination regarding the availability of funds for its obligations shall be conclusive and binding on all parties to the multiyear lease or rental agreement."
SECTION 2. This Act shall become effective on January 1, 2013; provided, however, that this Act shall only become effective on January 1, 2013, upon the ratification of a resolution at the November, 2012, state-wide general election, which resolution amends the Constitution so as to provide for the authorization of agencies to enter into lease and rental contracts

TUESDAY, MARCH 27, 2012

5439

exceeding one year. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed on January 1, 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:

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

Y Heckstall Y Hembree Y Henson E Hightower Y Hill E Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight E Lane Y Lindsey Y Long N 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 N Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A
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

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

On the passage of the Bill, by substitute, the ayes were 162, nays 3.

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

By unanimous consent, the following Bill of the Senate, having been previously postponed, was again postponed until the next legislative day:

SB 492. By Senator Mullis of the 53rd:

A BILL to be entitled an Act to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to require that state contract awards for heavy equipment follow certain specific procedures; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

HOUSE SUPPLEMENTAL RULES CALENDAR #2 TUESDAY, MARCH 27, 2012

Mr. Speaker and Members of the House:

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

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

SB 333 SB 483

Property; notices of sales made on foreclosure under power of sale shall be provided to all debtors (Judy-Jacobs-80th) Stone-23rd Public Service Commission; chairperson; change the term/manner of election (Substitute) (GAff-Roberts-154th) Mullis-53rd

Modified Structured Rule

SB 458

Government; modify provisions; verification requirements, procedures, and conditions for applicants for public benefits (Substitute) (JudyNC-Davis109th) Loudermilk-52nd (AM# 35 0309)

TUESDAY, MARCH 27, 2012

5441

Pursuant to House Rule 33.3, debate shall be limited to no longer than one hour. on the following bill. Time to be allocated at the discretion of the Speaker.

SB 469

Labor; provide provisions prohibiting mass picketing shall apply to certain private residences (Substitute) (IndR-Hembree-67th) Balfour-9th

Structured Rule

SR 673

U.S. Congress; making renewed application to call for a convention; proposing an amendment to the Constitution of the United States (GAffWelch-110th) Cowsert-46th

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

SB 483. By Senators Mullis of the 53rd, Rogers of the 21st, Chance of the 16th, Golden of the 8th, Unterman of the 45th and others:

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 Committee substitute was read and adopted:

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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, is amended by revising Code Section 46-2-5, relating to chairman of the commission and selection, as follows:
"46-2-5. (a) There shall be a chairman chairperson of the commission. The chairperson shall be selected by a simple majority of the members of the commission. The chairperson currently serving on the effective date of this Code section shall serve for a term of office as chairperson until January 1, 2013, or until his or her term as a member of the commission shall expire, whichever is shorter. Each subsequent chairperson shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. Any four members of the commission may call for an election of a chairperson at any time prior to the end of the term of a chairperson; provided, however, that such elections shall not be held more than twice per calendar year, except in the case of a vacancy by the chairperson; and provided, further, that any chairperson so elected shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. No commissioner shall be elected or serve as chairperson for more than two consecutive terms. The chairman shall be selected on an annual basis. The initial chairman selected under this Code section shall take office within 15 days after April 20, 1992, and shall serve for a term of office as chairman expiring January 1, 1993. Thereafter a new chairman shall take office within 15 days after the first day of January in 1993 and each subsequent year; and each such chairman shall serve for a one-year term of office as chairman. (b) The chairman shall be selected by the members of the commission according to the following rules; and for purposes of these rules, seniority on the commission shall be determined according to the longest period of continuous unbroken service:
(1) A member of the commission with less than one year of continuous unbroken service on the commission shall not be eligible to take office as chairman; (2) A member of the commission who has previously served as chairman shall not be eligible to serve again as chairman until each other eligible member (i.e., each other member with more than one year of continuous service on the commission) has served as chairman or has deferred service as chairman; (3) Subject to paragraphs (1) and (2) of this subsection, the most senior member of the commission who is eligible to serve as chairman shall be selected to the office of chairman; provided, however, that such member may elect to defer service as chairman for a period of one year, at the conclusion of which year such member shall resume his place at the head of the order of rotation for the chairmanship; and (4) If in any year the foregoing rules fail to provide for a chairman because two or more members have equal seniority, then the member to serve as chairman shall be selected by lot.

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5443

(c) Anything in subsection (b) of this Code section to the contrary notwithstanding, the members of the commission may by unanimous vote of the members select any member as chairman for any given year for a term of office as chairman as specified in subsection (a) of this Code section. (d)(b) The chairman chairperson shall give his or her entire time to the duties of his the office."

SECTION 2. This Act shall become effective on December 31, 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:

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

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

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

N Mayo Y McBrayer Y McCall N 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 Y Parrish Y Parsons Y Peake Y Powell, A
Powell, J Y Pruett Y Purcell Y Ramsey Y Randall N Reece E Rice Y Riley Y Roberts

N Setzler Y Shaw
Sheldon Y Sims, B Y Sims, C N Smith, E Y Smith, K
Smith, L Y Smith, R N Smith, T Y Smyre N 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 N Waites N Watson
Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C

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Y Collins Y Cooke N Coomer Y Cooper
Crawford

N Harden, M Y Harrell Y Hatchett Y Hatfield N Heard

Y Maddox, G Y Manning N Marin Y Martin Y Maxwell

N Rogers, C N Rogers, T Y Rynders E Scott, M N Scott, S

E Williams, E Y Williams, R N Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 94, nays 65.

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

Representative Morgan of the 39th moved that the House reconsider its action in giving the requisite constitutional majority to SB 483.

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

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

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

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

Y Mayo N McBrayer N McCall N McKillip N Meadows Y Mitchell Y Morgan N 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 N Peake N Powell, A
Powell, J N Pruett N Purcell N Ramsey Y Randall Y Reece E Rice N Riley N Roberts Y Rogers, C Y Rogers, T N Rynders E Scott, M Y Scott, S

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

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On the motion, the ayes were 63, nays 97.
The motion was lost.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 247. By Representatives Neal of the 1st, Bearden of the 68th, Talton of the 145th, Parrish of the 156th, Howard of the 121st and others:

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A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the Department of Community Health to require fingerprinting and criminal background investigations of all applicants for licensure and currently licensed emergency medical services personnel; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.
HB 1027. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 175th, Hatchett of the 143rd and Dollar of the 45th:
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 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.
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

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5447

delinquency to be sent by the director under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
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 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.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.

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

SB 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.

The following amendment was read and adopted:

Representative Sims of the 119th offers the following amendment:

Amend Senate Bill 333 (LC 29 4924) by inserting after "matters;" on line 4 the following: to provide for an effective date and applicability;

By inserting between lines 30 and 31 the following: This Act shall become effective on July 1, 2012, and shall apply to sales made on foreclosure under power of sale executed on or after July 1, 2012.

SECTION 4.

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

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

Y Abdul-Salaam 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 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

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

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 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

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5449

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

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

Y Pak Y Parent Y Parrish Y Parsons Y Peake
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 Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C E Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, as amended, the ayes were 164, nays 1.

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

The following Bills of the House were taken up for the purpose of considering the Senate action 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.

The following Senate substitute was read:

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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 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 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 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 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 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 others:
(A) Administrative support;

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5451

(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' means an individual or entity authorized by a payment card network to accept payments in exchange for goods or services. (7) 'Merchant acquirer limited purpose bank' means a corporation organized under this chapter and the activities of which are limited to those permitted under Code Section 7-9-11. (8) '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. (9) '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. (10) 'Self-acquiring activities' means the act of a merchant, for itself or through an affiliated entity, engaging in merchant acquiring or settlement activities on its own behalf for payments it, or its affiliated entity, receives for goods and services it, or its affiliated entity, provides to consumers. (11) '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 corporation that performs merchant acquiring activities or settlement activities in this state may elect to obtain a charter from the department. Those corporations chartered by the department shall be subject to the provisions of this chapter and any rules and regulations adopted by the department for purposes of regulating chartered merchant acquirer limited purpose banks. The department shall have no authority to regulate a corporation performing merchant acquiring activities or settlement activities that has not been chartered by the department.

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7-9-4. (a) A corporation that seeks to be chartered shall file an application with the department and shall pay applicable fees established by regulation of the department to defray the costs of the investigation and review of the application. (b) 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. (c) 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.
7-9-5. (a) A merchant acquirer limited purpose bank shall have articles of incorporation 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:

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(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 charter and approval to operate as a merchant acquirer

limited purpose bank. 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 charter to operate as 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.

(e) The administration of business and affairs of a merchant acquirer limited purpose

bank shall be the responsibility of a board of directors consisting of at least three

directors, a majority of whom shall be residents of this state.

7-9-6. (a) An application to the department to charter a merchant acquirer limited purpose bank shall include:

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(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; (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 7-9-7. (b) An application to the department 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 transaction which shall be made available in the form specified by the department; and (2) Applicable fees established by regulation of the department to defray the expense of the investigation.
7-9-7. (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 charter of a 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 this chapter, the department shall approve or disapprove the charter of the proposed merchant acquirer limited purpose bank. The department may impose conditions to be satisfied prior to the issuance of its approval of the charter of a merchant acquirer limited purpose bank. If the department, in its discretion, approves the charter of the proposed merchant acquirer limited purpose bank with or without conditions, it shall deliver its written approval of the articles of incorporation and charter to the Secretary of State and notify the applicant of its action. If the department, in its discretion, disapproves the charter of the proposed merchant acquirer limited purpose bank, it shall notify the applicant of its disapproval of the charter 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.

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(b) In the event the department denies an application to charter a merchant acquirer limited purpose bank or an application 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.
7-9-8. 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 articles of incorporation by the department with a copy attached; (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 7-9-5 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 of the articles of incorporation, and the publisher's certificate.
7-9-9. (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 corporation in the process of seeking approval of a charter 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 'brokerdealers' as defined in Code Section 10-5-2. (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 merchant acquirer limited purpose bank may begin business when:
(1) Capital stock of the merchant acquirer limited purpose bank satisfies the requirements of Code Section 7-9-11; (2) Bylaws of the merchant acquirer limited purpose bank have been filed with the department;

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(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 organized 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 charter 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.
7-9-10. The applicant who charters a merchant acquirer limited purpose bank which transacts business before its capital stock have been paid in as required under this chapter 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.
7-9-11. 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 $3 million.
7-9-12. (a) A merchant acquirer limited purpose bank shall only accept deposits from a corporation that owns a majority of the shares of the merchant acquirer limited purpose bank. A merchant acquirer limited purpose bank shall not operate in any manner that attracts depositors from the general public, and no deposit shall be withdrawn by the depositor by check or similar means for payment to third parties or others. A merchant acquirer limited purpose bank shall 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. (e) A merchant acquirer limited purpose bank shall not engage in self-acquiring activities.

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7-9-13. (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:
(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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Representative Ehrhart of the 36th moved that the House agree to the Senate substitute to HB 898.

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

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

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

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

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

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Y Black N Braddock Y Brockway Y Brooks Y Bruce N Bryant Y Buckner Y Burns N 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 N 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 Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M N Harrell Y Hatchett N Hatfield Y Heard

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

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

On the motion, the ayes were 145, nays 18.

The motion prevailed.

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 Senate substitute was read:

A BILL TO BE ENTITLED AN ACT

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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; (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.

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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; (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

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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 to provide care to each student with diabetes as identified pursuant to subsection (c) of this Code section. For purposes of field trips, the parent or guardian, or designee of such parent or guardian, of a student with diabetes may accompany such student on a field trip. (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

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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.

Representative Ramsey of the 72nd moved that the House agree to the Senate substitute to HB 879.

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

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Atwood Y Baker Y Battles E Beasley-Teague Y Bell Y 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 N Casas Y Channell Y Cheokas Y Clark, J Y Clark, V
Coleman N Collins N Cooke
Coomer Y Cooper Y Crawford

Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner N Dudgeon Y Dukes Y 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 Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B N Harden, M N Harrell Y Hatchett N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hightower Y Hill E Holcomb Y Holmes N Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd N Kirby Y Knight E Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin
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 N 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 E Rice
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 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
Taylor, R Y Taylor, T N Teasley Y Thomas Y Waites Y Watson N Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C E Williams, E Y Williams, R N Williamson Y Yates
Ralston, Speaker

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On the motion, the ayes were 138, nays 23.
The motion prevailed.
Representative Willard of the 49th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
SB 469. By Senators Balfour of the 9th, Hamrick of the 30th, Cowsert of the 46th and Tolleson of the 20th:
A BILL to be entitled an Act to amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to provide that certain provisions prohibiting mass picketing shall apply to certain private residences; to provide for an action to enjoin unlawful mass picketing; to provide for punishment and penalties; to provide for injunctive relief; to provide for public policy concerning refusal or decision to withdraw from a labor union or employee organization; to amend Code Section 16-7-21, relating to criminal trespass, so as to provide for both criminal trespass and criminal conspiracy; to provide for punishment and fines; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The Speaker announced the House in recess until 8:45 o'clock, this evening.
The Speaker called the House to order.
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 92 Do Pass, by Substitute
Respectfully submitted, /s/ Hamilton of the 23rd
Chairman

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The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 1027. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 175th, Hatchett of the 143rd and Dollar of the 45th:
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 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.
The following Senate substitute was read:
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 relating to the job tax credit; to change certain provisions relating to the tax credit for film, video, or interactive entertainment production in Georgia; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended in Code Section 48-7-40.24, relating to conditions for taking the job tax credit, by adding a new paragraph and revising paragraph (1) of subsection (a) as follows:
"(.1) 'Affiliate' means the members of a business enterprise's affiliated group within the meaning of Section 1504(a) of the Internal Revenue Code and also means any entity, notwithstanding its form of organization, that would otherwise qualify as a member of such affiliated group. (1) 'Business enterprise' or 'taxpayer' means any enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization, and its affiliates, which is are registered and authorized to use the federal employment verification system known as 'E-Verify' or any successor federal employment verification system and is are engaged in or carrying on any business activities within this state, except that such term shall not include retail businesses."

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SECTION 2. Said chapter is further amended by revising Code Section 48-7-40.26, relating to a tax credit for film or video production in Georgia, as follows:
"48-7-40.26. (a) This Code section shall be known and may be cited as the 'Georgia Entertainment Industry Investment Act.' (b) As used in this Code section, the term:
(1) 'Affiliates' means those entities that are included in the production company's or qualified interactive entertainment production company's affiliated group as defined in Section 1504(a) of the Internal Revenue Code and all other entities that are directly or indirectly owned 50 percent or more by members of the affiliated group. (2) 'Base investment' means the aggregate funds actually invested and expended by a production company or qualified interactive entertainment production company as production expenditures incurred in this state that are directly used in a state certified production or productions. (3) 'Multimarket commercial distribution' means paid commercial distribution which extends to markets outside the State of Georgia. (4) 'Production company' means a company, other than a qualified interactive entertainment production company, primarily engaged in qualified production activities which have been approved by the Department of Economic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (5) 'Production expenditures' means preproduction, production, and postproduction expenditures incurred in this state that are directly used in a qualified production activity, including without limitation the following: set construction and operation; wardrobes, make-up, accessories, and related services; costs associated with photography and sound synchronization, expenditures excluding license fees incurred with Georgia companies for sound recordings and musical compositions, lighting, and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; total aggregate payroll; airfare, if purchased through a Georgia based travel agency or travel company; insurance costs and bonding, if purchased through a Georgia based insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices. This term shall not include postproduction expenditures for footage shot outside the State of Georgia, marketing, story rights, or and distribution, but shall not affect other qualified story rights. This term includes payments to a loan-out company by a production company or qualified interactive entertainment production company that has met its withholding tax obligations as set out below. The production company or qualified interactive

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entertainment production company shall withhold Georgia income tax at the rate of 6 percent on all payments to loan-out companies for services performed in Georgia. Any amounts so withheld shall be deemed to have been withheld by the loan-out company on wages paid to its employees for services performed in Georgia pursuant to Article 5 of Chapter 7 of this title notwithstanding the exclusion provided in subparagraph (K) of paragraph (10) of Code Section 48-7-100. The amounts so withheld shall be allocated to the loan-out company's employees based on the payments made to the loan-out company's employees for services performed in Georgia. For purposes of this chapter, loan-out company nonresident employees performing services in Georgia shall be considered taxable nonresidents and the loanout company shall be subject to income taxation in the taxable year in which the loanout company's employees perform services in Georgia, notwithstanding any other provisions in this chapter. Such withholding liability shall be subject to penalties and interest in the same manner as the employee withholding taxes imposed by Article 5 of Chapter 7 and the commissioner shall provide by regulation the manner in which such liability shall be assessed and collected. (6) 'Qualified Georgia promotion' means a qualified promotion of this state approved by the Department of Economic Development consisting of a:
(A) Qualified movie production which includes an approximately a five-second long static or animated logo that promotes Georgia within its presentation and all promotional trailers worldwide in the end credits before the below-the-line crew crawl for the life of the project and which includes a link to Georgia on the project's web page; (B) Qualified TV production which includes an imbedded embedded five-second long Georgia promotion during each broadcast half hour worldwide for the life of the project and which includes a link to Georgia on the project's web page; (C) Qualified music video which includes the Georgia logo at the end of each video and within online promotions; or (D) Qualified interactive game which includes a 15 second long Georgia advertisement in units sold and imbedded embedded in online promotions. (7) 'Qualified interactive entertainment production company' means a company whose gross income is less than $100 million that is primarily engaged in qualified production activities related to interactive entertainment which has been approved by the Department of Economic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (7)(8) 'Qualified production activities' means the production of new film, video, or digital projects produced in this state and approved by the Department of Economic Development, such as including only the following: feature films, series, pilots, movies for television, televised commercial advertisements, music videos, interactive entertainment or sound recording projects used in feature films, series, pilots, or movies for television. Such activities shall include projects recorded in this state, in

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whole or in part, in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, video on demand, direct to DVD, digital platforms designed for the distribution of interactive games, licensing for exhibition by individual television stations, groups of stations, networks, advertiser supported sites, cable television stations, or public broadcasting stations, corporations, live venues, the Internet, or any other channel of exhibition. Such term shall not include the production of television coverage of news and athletic events, local interest programming, instructional videos, corporate videos, or projects not shot, recorded, or originally created in Georgia. (8)(9) 'Resident' means an individual as designated pursuant to paragraph (10) of Code Section 48-7-1, as amended. (9)(10) 'State certified production' means a production engaged in qualified production activities which have been approved by the Department of Economic Development in accordance with regulations promulgated pursuant to this Code section. In the instance of a 'work for hire' in which one production company or qualified interactive entertainment production company hires another production company or qualified interactive entertainment production company to produce a project or contribute elements of a project for pay, the hired company shall be considered a service provider for the hiring company, and the hiring company shall be entitled to the film tax credit. (10)(11) 'Total aggregate payroll' means the total sum expended by a production company or qualified interactive entertainment production company on salaries paid to employees working within this state in a state certified production or productions. For purposes of this paragraph:
(A) With respect to a single employee, the portion of any salary which exceeds $500,000.00 for a single production shall not be included when calculating total aggregate payroll; and (B) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest shall be considered as having been paid to the employee and shall be aggregated regardless of the means of payment or distribution. (c) For any production company or qualified interactive entertainment production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state did not exceed $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. The tax credit under this subsection shall be allowed if the base investment in this state equals or exceeds $500,000.00 for qualified production activities and shall be calculated as follows:

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(1) The production company or qualified interactive entertainment production company shall be allowed a tax credit equal to 20 percent of the base investment in this state; and
(2)(A) The production company or qualified interactive entertainment production company shall be allowed an additional tax credit equal to 10 percent of such base investment if the qualified production activity includes a qualified Georgia promotion. In lieu of the inclusion of the Georgia promotional logo, the production company or qualified interactive entertainment production company may offer alternative marketing opportunities to be evaluated by the Georgia Department of Economic Development to ensure that they offer equal or greater promotional value to the State of Georgia. (B) The Department of Economic Development shall prepare an annual report detailing the marketing opportunities it has approved under the provisions of subparagraph (A) of this paragraph. The report shall include, but not be limited to:
(i) The goals and strategy behind each marketing opportunity approved pursuant to the provisions of subparagraph (A) of this paragraph; (ii) The names of all production companies approved by the Department of Economic Development to provide alternative marketing opportunities; (iii) The estimated value to the state of each approved alternative marketing opportunity compared to the estimated value of the Georgia promotional logo; and (iv) The names of all production companies who chose to include the Georgia promotional logo in their final production instead of offering the state an alternative marketing proposal. The report required under this paragraph shall be completed no later than January 1 of each year and presented to each member of the House Committee on Ways and Means, the Senate Finance Committee, the Senate Economic Development Committee, the House Committee on Economic Development and Tourism, and the Governor. (d) For any production company or qualified interactive entertainment production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state exceeded $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. For purposes of this subsection, the excess base investment in this state is computed by taking the current year production expenditures in a state certified production and subtracting the average of the annual total production expenditures for 2002, 2003, and 2004. The tax credit shall be calculated as follows: (1) If the excess base investment in this state equals or exceeds $500,000.00, the production company or qualified interactive entertainment production company and its affiliates shall be allowed a tax credit of 20 percent of such excess base investment; and (2)(A) The production company or qualified interactive entertainment production company and its affiliates shall be allowed an additional tax credit equal to 10

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percent of the excess base investment if the qualified production activities include a qualified Georgia promotion. In lieu of the inclusion of the Georgia promotional logo, the production company or qualified interactive entertainment production company may offer marketing opportunities to be evaluated by the Department of Economic Development to ensure that they offer equal or greater promotional value to the State of Georgia. (B) The Department of Economic Development shall prepare an annual report detailing the marketing opportunities it has approved under the provisions of subparagraph (A) of this paragraph. The report shall include, but not be limited to:
(i) The goals and strategy behind each marketing opportunity approved pursuant to the provisions of subparagraph (A) of this paragraph; (ii) The names of all production companies approved by the Department of Economic Development to provide alternative marketing opportunities; (iii) The estimated value to the state of each approved alternative marketing opportunity compared to the estimated value of the Georgia promotional logo; and (iv) The names of all production companies who chose to include the Georgia promotional logo in their final production instead of offering the state an alternative marketing proposal. The report required under this paragraph shall be completed no later than January 1 of each year and presented to each member of the House Committee on Ways and Means, the Senate Finance Committee, the Senate Economic Development Committee, the House Committee on Economic Development and Tourism, and the Governor. (e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates exceed $25 million. The maximum credit for any qualified interactive entertainment production company and its affiliates shall be $5 million. (2) The commissioner shall allow the tax credits for qualified interactive entertainment production companies on a first come, first served basis based on the date the credits are claimed. When the $25 million cap is reached, the tax credit for qualified interactive entertainment production companies shall expire. (e)(f)(1) Where the amount of such credit or credits exceeds the production company's or qualified interactive entertainment production company's liability for such taxes in a taxable year, the excess may be taken as a credit against such production company's or qualified interactive entertainment production company's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such production company's or qualified interactive entertainment production company's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established

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by this subsection shall not constitute income to the production company or qualified interactive entertainment production company. (2) If a production company and its affiliates, or a qualified interactive entertainment production company and its affiliates, claim the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18, then the production company and its affiliates, or the qualified interactive entertainment production company and its affiliates, will only be allowed to claim the credit authorized under this Code section to the extent that the Georgia resident employees included in the credit calculation authorized under this Code section and taken by the production company and its affiliates, or the qualified interactive entertainment production company and its affiliates, on such tax return under this Code section have been permanently excluded from the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 487-40.18. (f)(g) Any tax credits with respect to a state certified production earned by a production company or qualified interactive entertainment production company and previously claimed but not used by such production company or qualified interactive entertainment production company against its income tax may be transferred or sold in whole or in part by such production company or qualified interactive entertainment production company to another Georgia taxpayer, subject to the following conditions: (1) Such production company or qualified interactive entertainment production company may make only a single transfer or sale of tax credits earned in a taxable year; however, the transfer or sale may involve one or more transferees; (2) Such production company or qualified interactive entertainment production company shall submit to the Department of Economic Development and to the Department of Revenue a written notification of any transfer or sale of tax credits within 30 days after the transfer or sale of such tax credits. The notification shall include such production company's or qualified interactive entertainment production company's tax credit balance prior to transfer, the credit certificate number, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the Department of Economic Development or the Department of Revenue; (3) Failure to comply with this subsection shall result in the disallowance of the tax credit until the production company or qualified interactive entertainment production company is in full compliance; (4) The transfer or sale of this tax credit does not extend the time in which such tax credit can be used. The carry-forward period for tax credit that is transferred or sold shall begin on the date on which the tax credit was originally earned; (5) A transferee shall have only such rights to claim and use the tax credit that were available to such production company or qualified interactive entertainment production company at the time of the transfer, except for the use of the credit in paragraph (1) of subsection (e)(f) of this Code section. To the extent that such production company or qualified interactive entertainment production company did not have rights to claim or use the tax credit at the time of the transfer, the Department

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of Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against such production company or qualified interactive entertainment production company; and (6) The transferee must acquire the tax credits in this Code section for a minimum of 60 percent of the amount of the tax credits so transferred. (g)(h) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) The credit may be taken beginning with the taxable year in which the production company or qualified interactive entertainment production company has met the investment requirement. For each year in which such production company or qualified interactive entertainment production company either claims or transfers the credit, the production company or qualified interactive entertainment production company shall attach a schedule to the production company's or qualified interactive entertainment production company's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified production activities, along with the certification from the Department of Economic Development; (B) A detailed listing of the employee names, social security numbers, and Georgia wages when salaries are included in the base investment; (C) The amount of tax credit claimed for the taxable year; (D) Any tax credit previously taken by the production company or qualified interactive entertainment production company against Georgia income tax liabilities or the production company's or qualified interactive entertainment production company's quarterly or monthly payments under Code Section 48-7-103; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the production company or qualified interactive entertainment production company in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years; (2) In the initial year in which the production company or qualified interactive entertainment production company claims the credit granted in this Code section, the production company or qualified interactive entertainment production company shall include in the description of the qualified production activities required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the activities included in the base investment or excess base investment equal or exceed $500,000.00 during such year; and (3) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the production company's or qualified interactive entertainment production company's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the investment occurred. No such credit shall be allowed the production company or qualified interactive entertainment production company against prior years' tax liability.

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(h)(i) The Department of Economic Development shall determine through the promulgation of rules and regulations what projects qualify for the tax credits authorized under this Code section. Certification shall be submitted to the state revenue commissioner. (i)(j) The state revenue commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section. (j)(k) Any production company or qualified interactive entertainment production company claiming, transferring, or selling the tax credit shall be required to reimburse the Department of Revenue for any department initiated audits relating to the tax credit. This subsection shall not apply to routine tax audits of a taxpayer which may include the review of the credit provided in this Code section."

SECTION 3. (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 tax years beginning on or after January 1, 2012. (c) Section 2 of this Act shall be applicable to all tax years beginning on or after January 1, 2013.

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

Pursuant to Rule 133, Representative Dudgeon of the 24th was excused from voting on HB 1027.

Representative Stephens of the 164th moved that the House agree to the Senate substitute to HB 1027.

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

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

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs
Dollar Drenner Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C

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

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

Setzler Y Shaw Y Sheldon Y 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

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

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

Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A
Powell, J Y Pruett Y Purcell
Ramsey Y Randall N Reece E Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders E Scott, M Y Scott, S

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

On the motion, the ayes were 154, nays 4.

The motion prevailed.

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

Mr. Speaker:

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

HB 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.

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

HB 1114. By Representatives Setzler of the 35th, Golick of the 34th, Ramsey of the 72nd, Pak of the 102nd, Lindsey of the 54th and others:

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

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By order of the Committee on Rules, the following Bill of the Senate was withdrawn from the General Calendar and recommitted to the Committee on Judiciary Non-Civil:

SB 350. By Senators Balfour of the 9th, Sims of the 12th, Hamrick of the 30th and Hooks of the 14th:

A BILL to be entitled an Act to amend Chapter 16 of Title 16 of the Official Code of Georgia Annotated, relating to forfeiture of property used in burglary or armed robbery, so as to provide for the disposition of firearms used in burglaries or armed robberies; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of seized property, so as to provide for the disposition of firearms seized in criminal investigations and surplus firearms of law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

HOUSE SUPPLEMENTAL RULES CALENDAR #3 TUESDAY, MARCH 27, 2012

Mr. Speaker and Members of the House:

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

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

SB 92

Elections; provide limitations on when in-person absentee balloting may be conducted; advance voting (Substitute) (GAff-Hamilton-23rd) McKoon-29th

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Pursuant to House Rule 33.3, debate shall be limited to no longer than one hour on the following bill. Time to be allocated at the discretion of the Speaker.

SB 469

Labor; provide provisions prohibiting mass picketing shall apply to certain private residences (Substitute) (IndR-Hembree-67th) Balfour-9th (AM# 36 0400)

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 Bill of the Senate was taken up for consideration and read the third time:

SB 92.

By Senators McKoon of the 29th, Williams of the 19th, Bethel of the 54th, Staton of the 18th, Ligon, Jr. of the 3rd 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 limitations on when in-person absentee balloting may be conducted; to provide for a period of advance voting; to provide for procedures; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL TO 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 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

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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 short titles for certain questions; 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 for reopening of qualifying periods under certain circumstances; 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 that nonpartisan elections for members of consolidated governments shall be considered county elections and not municipal elections; 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 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 provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 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:

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"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 absentee-balloting procedures. Such board shall consist of not fewer than three members."
SECTION 3. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-245, relating to authorization to create joint county-municipal boards of elections and

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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."
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

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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.; (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; and (4) In any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this subsection, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays. (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:

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(1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State 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

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(ii) Another special election for the vacant office is to be held pursuant to a writ for a special election issued by the Governor prior to the date of the announcement of the vacancy. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. (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

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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, 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:

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(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. 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

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Section 21-2-153, notwithstanding the fact that any such days may be legal holidays; and (C) In any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this paragraph, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, 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 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."

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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. (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

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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) of Code Section 21-2-139, relating to the authorization and conduct of nonpartisan elections, as follows:
"(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the general primary in even-numbered years in accordance with this chapter without a prior nonpartisan primary. This Code section shall apply to all nonpartisan elections for members of consolidated governments. All nonpartisan elections for members of consolidated governments shall be governed by the provisions of this Code section and shall be considered county elections and not municipal elections for the purposes of this Code section. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter."
SECTION 10. Said chapter is further amended by revising subsection (a.1) and paragraph (1) of subsection (c) 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 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

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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 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

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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." "(c)(1)(A) In the case of a general state or county primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the state or county primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; provided, however, that, in. (B) In the case of a general primary 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, the:
(i) The candidates or their agents for political party nomination to county offices shall commence qualifying at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such primary and shall cease qualifying 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, and provided, further, that candidates; and (ii) Candidates for political party nomination to federal and state offices in a general primary shall commence qualifying at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such primary and shall cease qualifying 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, and shall qualify in person or by their agents with their respective political party in the state capitol under such rules and regulations as the Secretary of State may promulgate and provided, further, that all. All qualifying for federal and state offices on the

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last day of the qualifying period shall be conducted in the chamber of the House of Representatives in the state capitol. (C) In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days immediately prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days. (D) In any case where an incumbent has qualified as a candidate to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this paragraph, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays."
SECTION 11. Said chapter is further amended by revising Code Section 21-2-155, relating to reopening of qualification for office in the event of a candidate's death prior to a political party primary, as follows:
"21-2-155. In the event of the death of a candidate or the withdrawal of an incumbent who qualified as a candidate to succeed himself or herself in office, either of which occurs after the close of qualifying for candidates for such office but prior to the date of a political party primary, the state executive committee or other committee of the party authorized by party rule or, in the case of a municipal election, the municipal executive committee may reopen qualification for the office sought by the deceased or withdrawn candidate for a period of not less than one nor more than three days."
SECTION 12. 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 shall never have been convicted of a crime involving fraud, and the appointing authority shall be authorized to investigate the applicant's criminal history before making such appointment."

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SECTION 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 22. Said chapter is further amended by revising subsection (f) of Code Section 21-2-285, relating to form of official election ballot, attestation on receipt of benefit in exchange for vote, and when an election is not required, as follows:
"(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot following the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent."

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SECTION 23. Said chapter is further amended by revising subsection (b) of Code Section 21-2-325, relating to form of ballot labels generally, as follows:
"(b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels in brief form. Unless otherwise provided by law, proposed constitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. In the case of questions to be voted on by the electors of a municipality, the governing authority shall determine the brief form of the questions."
SECTION 24. Said chapter is further amended by revising subsection (f) of Code Section 21-2-379.5, relating to ballot information, as follows:
"(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot; and any local questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to or below the question there shall be placed the words 'YES' and 'NO' between which the elector may choose in casting his or her vote."

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SECTION 25. 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 management system located at the central tabulation point of the county in order to obtain election results for certification."
SECTION 26. 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

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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 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 27. 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

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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."
SECTION 28. 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 29. 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

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months and such electors lists for at least five years, and the same shall be available for public inspection."
SECTION 30. 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."
SECTION 31. 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 32. 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

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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 33. 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 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 34. Said chapter is further amended by revising subsection (h) of Code Section 21-2-480, relating to caption for ballots, party designations, and form and arrangement, as follows:
(h) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot; and any local questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the

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form shall be determined by the superintendent. Next to the question there shall be placed the words 'YES' and 'NO' together with appropriate ovals or squares or broken arrows to be marked."
SECTION 35. 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 36. 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."
SECTION 37. 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:

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"(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 38. 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 (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.

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(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 39. 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."
SECTION 40. 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.

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SECTION 41. 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 42. 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 43. Said chapter is further amended by revising Code Section 21-2-544, relating to special election for General Assembly vacancy, as follows:
"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

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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 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,

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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 44. 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 45. Section 9 of this Act is not intended by the General Assembly to change the effect of existing law but only to clarify the intent of the General Assembly in enacting the original legislation.
SECTION 46. (a) This section and Sections 5, 10, 11, and 47 of this Act shall become effective upon approval of this Act by the Governor or upon this Act becoming law without such approval. (b) Section 9 of this Act shall become effective on the first date upon which candidates may begin qualifying for the general primary in 2012; provided, however, that if implementation of Section 9 is not permissible on such date under the federal Voting

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Rights Act of 1965, as amended, then Section 9 shall become effective on January 1, 2013. (c) All other sections of this Act shall become effective on July 1, 2012.

SECTION 47. All laws and parts of laws in conflict with this Act are repealed.

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

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

Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Atwood Y Baker Y Battles E 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
Cooper N Crawford

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

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

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

Y Setzler Shaw
Y Sheldon Y Sims, B E 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 N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas N Waites Y Watson Y Welch
Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C E Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 113, nays 39.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Dawkins-Haigler of the 93rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
Representatives Cooper of the 41st 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 Dickerson of the 95th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
By unanimous consent, the following Bills and Resolution of the Senate were postponed until the next legislative day:
SB 458. By Senators Loudermilk of the 52nd, Rogers of the 21st, Hill of the 32nd and Albers of the 56th:
A BILL to be entitled an Act to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to the verification of lawful presence within the United States, so as to modify provisions relating to verification requirements, procedures, and conditions for applicants for public benefits; to modify the definition of a secure and verifiable document; to modify provisions relating to the Immigration Enforcement Review Board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 469. By Senators Balfour of the 9th, Hamrick of the 30th, Cowsert of the 46th and Tolleson of the 20th:
A BILL to be entitled an Act to amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to provide that certain provisions prohibiting mass picketing shall apply to certain private residences; to provide for an action to enjoin unlawful mass picketing; to provide for punishment and penalties; to provide for injunctive relief; to provide for public policy concerning refusal or decision to withdraw from a labor union or employee organization; to amend Code Section 16-7-21, relating to criminal trespass, so as to provide for both criminal trespass and criminal conspiracy; to provide for punishment and fines; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SR 673. By Senators Cowsert of the 46th, Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Staton of the 18th 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.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitutes as amended by the Senate to the following bills of the Senate:
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 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 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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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.
The Senate has disagreed to the House substitutes to 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 368. By Senators Carter of the 1st, Ligon, Jr. of the 3rd, Millar of the 40th and Jackson of the 2nd:
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 provide for continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 380. By Senators Carter of the 1st, Bethel of the 54th and Ligon, Jr. of the 3rd:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacist and pharmacies, so as to provide for a change to the definition of security paper; to provide for certain revisions to the powers, duties, and authority of the state board of pharmacy; to authorize the Georgia Drugs and Narcotics Agency to accept certain funds; to provide for a definition of valid prescription orders; to remove certain requirements for vendors and seals of approval; to provide for related matters; to provide for an effective date; 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 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others:
A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 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.
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.
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

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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 Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
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.
Representative England of the 108th moved that the House do now adjourn until 9:30 o'clock, A.M., Thursday, March 29, 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., Thursday, March 29, 2012.

THURSDAY, MARCH 29, 2012

5515

Representative Hall, Atlanta, Georgia

Thursday, March 29, 2012

Fortieth Legislative Day

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

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

Abrams Allison Amerson Anderson Ashe 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

Crawford Davis Dawkins-Haigler Dempsey Dickerson Dickey Dickson Dobbs Dudgeon Dunahoo Dutton Ehrhart England E Epps, C Epps, J Evans Frazier Fullerton Gardner Golick Gordon Greene Hamilton Hanner E Harbin Harden, B Harden, M Hatchett Hatfield Heard Hightower Hill

Holcomb Holmes Holt Horne Houston Howard E Hudson Hugley Jackson E James Jasperse Jerguson Johnson Jones, J Jones, S Kaiser Kendrick Kidd Kirby Knight Lindsey Long Maddox, B Maddox, G Manning Marin Martin Maxwell Mayo McBrayer McCall McKillip

Meadows Mitchell Morgan E Morris Mosby Murphy E Neal, J Neal, Y Nimmer Nix Oliver O'Neal Pak Parent Parrish 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 E Sims, C Smith, E Smith, K Smith, L Smith, R E Smith, T Smyre Spencer Stephens, M Stephens, R Talton Tankersley Taylor, D Taylor, T Thomas Waites 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, Casas of the 103rd, Dollar of the 45th, Dukes of the 150th, Fludd of the 66th, Geisinger of the 48th, Harrell of the 106th, Hembree of the 67th, Henson of the 87th, Jordan of the 77th, Lane of the 167th, Parsons of the 42nd, Setzler of the 35th, Teasley of the 38th, and Weldon of the 3rd.

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They wished to be recorded as present.
Prayer was offered by Representative Doug Collins, District 27, Gainesville, 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 1307. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Chapter 1 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions pertaining to alcoholic beverages, so as to require that retail consumption dealers and retail dealers who sell alcoholic beverages for consumption on the premises shall make available to patrons alcohol sensors for the purpose of voluntarily testing personal alcohol consumption; to authorize the use of vending machine alcohol sensors; to provide for civil penalties; 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 Regulated Industries.

HB 1308. By Representatives Taylor of the 55th, Morgan of the 39th, Long of the 61st, Bell of the 58th, Brooks of the 63rd and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse, so as to repeal the statute relating to no duty to retreat prior to the use of force and to correct a cross-reference; 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.

HR 2089. By Representatives Morgan of the 39th, Thomas of the 100th, Gardner of the 57th, Abrams of the 84th, Hugley of the 133rd and others:

A RESOLUTION urging the Georgia House of Representatives to begin a conversation about the need to look at policy in our state that will empower undocumented students in our state to access higher education; and for other purposes.

Referred to the Committee on Higher Education.

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

HB 1306 HR 2051

HR 2017

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

SB 480 SB 527 SB 529 SB 532 SB 537

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

SB 481 SB 528 SB 530 SB 534

Do Pass Do Pass Do Pass Do Pass

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Respectfully submitted, /s/ Sims of the 169th
Chairman
By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
SB 480. By Senator Jackson of the 2nd:
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, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3804), 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.
SB 481. By Senator Jackson of the 2nd:
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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4166), so as to change the description of the education districts; 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.
SB 527. By Senator Crosby of the 13th:
A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5349), so as to change the description of the education districts; to define certain terms and provide for certain inclusions;

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to provide for continuation in office of current members; to provide for related matters; 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 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 528. By Senator Crosby of the 13th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4992), 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 related matters; 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 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 529. By Senator Rogers of the 21st:
A BILL to be entitled an Act to provide for expanded powers and duties of the Cherokee County Development Authority; to provide a statement of authority; to provide that such authority may acquire structures for use as an office, a warehouse, a regional commercial development, or a research and development facility; to 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 530. By Senator Jeffares of the 17th:
A BILL to be entitled an Act to provide a new charter for the City of Mansfield; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for an effective

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date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 532. By Senators Millar of the 40th, Carter of the 42nd, Thompson of the 5th and Ramsey, Sr. of the 43rd:
A BILL to be entitled an Act to amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits; 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 534. By Senator Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as amended, so as 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 other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 537. By Senator Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, so as to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide for vacancies; to provide for a referendum; to provide for a

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contingent 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 "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, so as to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide for vacancies; to provide for a referendum; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, is amended by revising Section 2.18 as follows:
"SECTION 2.18. Chief executive officer.
The mayor shall be the chief executive of this city. He or she shall possess all of the executive powers granted to the city under the Constitution and State of Georgia, and all of the executive powers contained in this charter."
SECTION 2. Said Act is further amended by revising Section 2.19 as follows:
"SECTION 2.19. Powers and duties of mayor.
As the chief executive of this city the mayor: (1) Shall see that all laws and ordinances of the city are faithfully executed; (2) Shall preside at all meetings of the mayor and council; (3) May recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (4) May examine and audit all accounts of the city;

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(5) May require any department or agency of the city to submit written reports whenever he or she deems it expedient; (6) Shall perform other duties as may be required by general state law, this charter, or ordinance; (7) Shall be the head of the city for the purpose of service of process and for ceremonial purposes and the official spokesperson for the city and the chief advocate of policy; (8) Shall have the power to administer oaths and to take affidavits; (9) Shall sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (10) Shall vote on matters before the city council and be counted toward a quorum as any other councilmember."
SECTION 3. Said Act is further amended by adding a new section to read as follows:
"SECTION 3.19. City administrator.
(a) The mayor and council shall appoint a city administrator for an indefinite term and fix his or her compensation. The city administrator shall be appointed solely on the basis of education and experience in the accepted competencies and practices of local government management. (b) The city administrator shall serve as the mayor and city council's liaison with the city's employees. The administrator shall serve as the immediate supervisor for each of the city's department heads. In keeping with the city's organizational structure, requests or complaints between the city's employees and the mayor and city council shall be made through the administrator. (c) The city administrator shall be the chief administrative officer of the city, responsible to the mayor and council for the management of all city affairs placed in the administrator's charge by or under this charter. The city administrator shall:
(1) Appoint and suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by law, this charter, or personnel rules adopted pursuant to this charter. The city administrator may authorize any administrative officer subject to the administrator's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings. The city administrator shall have the right to take part in discussion but shall not vote;

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(4) See that all laws, provisions of this charter, and acts of the mayor and council, subject to enforcement by the city administrator or by officers subject to the administrator's direction and supervision, are faithfully executed; (5) Prepare and submit the annual budget and capital program to the mayor and council, and implement the final budget approved by council to achieve the goals of the city; (6) Submit to the mayor and council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the mayor and council may require concerning operations; (8) Keep the mayor and council fully advised as to the financial condition and future needs of the city; (9) Make recommendations to the mayor and council concerning the affairs of the city and facilitate the work of the mayor and council in developing policy; (10) Provide staff support services for the mayor and councilmembers; (11) Assist the mayor and council to develop long-term goals for the city and strategies to implement these goals; (12) Encourage and provide staff support for regional and intergovernmental cooperation; (13) Promote partnerships among mayor and council; staff; and citizens in developing public policy and building a sense of community; and (14) Perform such other duties as are specified in this charter or may be required by the mayor and council. (d) By letter filed with the city clerk, the city administrator shall designate a city officer or employee to exercise the powers and perform the duties of city administrator during the administrator's temporary absence or disability; the mayor and council may revoke such designation at any time and appoint another officer of the city to serve until the city administrator returns. (e) In the event of an accident, disaster, or other emergency, the city administrator may make purchases or award contracts when necessary; provided, however, that he or she shall promptly notify the mayor and city council of the emergency, the course of action taken, and all expenditures incurred. (f) If the city administrator declines to resign at the request of the mayor and council, the mayor and council may suspend the administrator by a resolution approved by the majority vote of mayor and council. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city administrator. The city administrator shall have 15 days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten days nor later than 15 days after such hearing is requested. After the public hearing, if one is requested, and after full consideration, the mayor and council, by a majority vote, may adopt a final resolution of removal. The city administrator shall continue to receive full salary until the effective date of a final resolution of removal.

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(g) Any vacancy in the office of the city administrator should be filled within 120 days following the effective date of such vacancy."
SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of McDonough for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2012, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the charter of the City of McDonough be amended so as to transfer ( ) NO the existing administrative powers and duties of the mayor to the city
administrator and provide for the powers and duties of the city administrator?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 3 of this Act shall become of full force and effect on January 1, 2014. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 3 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of McDonough. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 5. Section 4 of this Act shall become effective upon its approval by the Governor only if an Act to provide a new charter for the City of McDonough is enacted during the 2012 regular session of the General Assembly and becomes law; otherwise, this Act shall be automatically repealed on the day following the last day provided for the Governor to approve of or veto legislation.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate action thereon:

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5525

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.
The following Senate substitute was read:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, is amended by revising Section 2E as follows:
"SECTION 2E. (a) For purposes of electing members of the board of public education, other than the at-large members, the Bibb County School District is divided into six education districts which shall correspond to Posts 1 through 6. The six education 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: bibbsbR-2012-s018 Plan Type: Local Administrator: s018 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

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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 Bibb 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 Bibb 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. The Board of Education of Bibb 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 Education 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 existed immediately prior to January 1, 2013.
SECTION 3. The Board of Education of Bibb County shall through its legal counsel submit this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, within 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board 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: bibbsbR-2012-s018 Plan Type: Local Administrator: s018 User: Gina

THURSDAY, MARCH 29, 2012
District 001 Bibb County VTD: 021EM1 - EAST MACON 1 VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3 VTD: 021EM4 - EAST MACON 4 VTD: 021EM5 - EAST MACON 5 VTD: 021EM6 - EAST MACON 6 VTD: 021HO5 - HOWARD 5 VTD: 021VV8 - VINEVILLE 8
District 002 Bibb County VTD: 021GF1 - GODFREY 1 VTD: 021GF2 - GODFREY 2 VTD: 021GF3 - GODFREY 3 010400: 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4028 4029 4034 4035 012500: 3018 3019 012600: 2006 2017 2018 2019 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 1011 1012 1013 1014 1015 1016 1017 1018 1020 VTD: 021GF6 - GODFREY 6 VTD: 021VV1 - VINEVILLE 1 VTD: 021VV2 - VINEVILLE 2
District 003 Bibb County VTD: 021GF4 - GODFREY 4 012800: 1010 1019 012900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

5527

5528

JOURNAL OF THE HOUSE

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 1186 1187 1188 1191 1226 VTD: 021GF5 - GODFREY 5 VTD: 021GF7 - GODFREY 7 VTD: 021RU1 - RUTLAND 1 VTD: 021RU2 - RUTLAND 2 VTD: 021WA2 - WARRIOR 2 013101: 1073 1074 1075 013603: 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 2046 013604: 1010 1011 1012 1013 1014 1016 1017
District 004 Bibb County VTD: 021HA2 - HAZZARD 2 VTD: 021HA3 - HAZZARD 3 013101: 1069 1070 013201: 2052 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4023 4024 4025 4032 4041 4042 4043 013603: 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 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 013604: 2000 2001 2019 2020 2028 2029 2030 3000 3001 3002 3005 013606: 1010 1011 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 VTD: 021HA4 - HAZZARD 4 VTD: 021HA6 - HAZZARD 6 VTD: 021HA7 - HAZZARD 7

THURSDAY, MARCH 29, 2012
VTD: 021HO2 - HOWARD 2 013410: 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2026 2028 3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3031 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2 013604: 1015 1020 3003 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018
District 005 Bibb County VTD: 021GF3 - GODFREY 3 010400: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 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 4030 4031 4032 4033 4036 4037 4038 4039 4040 4041 4042 4043 012500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3024 3025 3028 3029 3030 3031 3032 3033 VTD: 021HA1 - HAZZARD 1 VTD: 021HA5 - HAZZARD 5 VTD: 021HO4 - HOWARD 4 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV4 - VINEVILLE 4 VTD: 021VV5 - VINEVILLE 5 012200: 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2055 2056 012400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1016 1017 1018 1019 1020 1021 1022 1023 1028 VTD: 021VV6 - VINEVILLE 6 VTD: 021VV7 - VINEVILLE 7
District 006 Bibb County

5529

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VTD: 021HA3 - HAZZARD 3 013201: 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2034 2053 2054 2055 013410: 2022 2027 013605: 1005 1006 1007 1008 1010 1011 013606: 4000 4001 4002 4003 4004 4005 4006 4007 4008 VTD: 021HO1 - HOWARD 1 VTD: 021HO2 - HOWARD 2 012101: 1002 1003 1005 1006 1007 1009 1010 1019 1025 1033 1034 1035 1036 1037 1038 1047 1048 1049 1050 012200: 2011 2057 013201: 2014 2015 2016 013410: 1008 1009 1010 1011 1014 1015 1016 1017 1020 1022 1023 1024 1025 1026 1027 1030 1031 1032 1035 1036 1039 2000 2001 2002 2003 2004 2005 2023 2024 2025 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2046 2056 2057 2058 2059 2060 2061 2062 2063 3012 VTD: 021HO3 - HOWARD 3 VTD: 021HO6 - HOWARD 6 VTD: 021HO7 - HOWARD 7 VTD: 021HO8 - HOWARD 8 VTD: 021HO9 - HOWARD 9 VTD: 021VV5 - VINEVILLE 5 012200: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2054 012400: 1009 1010 1011 1012 1013 1014 1015 1025 1026 1027 1029
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.

THURSDAY, MARCH 29, 2012

5531

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 following Senate amendment was read:
The Senate offers the following amendment:
Amend HB 1041 by on line 49 strike the word "selected" with the word "elected".
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.
The following Senate substitute was read:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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), is amended by adding the following language to Exhibit A of the Act:
"2012 ADDITION All those tracts or parcels of land lying and being in Gwinnett County, Georgia, being all of the property described in ordinances of annexation approved by the Mayor and Council of the City of Duluth since June 3, 2003, up to and including January 31, 2012,

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which property is more particularly described in the ordinances of annexation approved by the Mayor and Council of the City of Duluth known as Annexation #0131-03, approved October 13, 2003, Annexation #0132-03, approved July 28, 2003, Annexation #0133-03, approved December 8, 2003, Annexation #0134-03, approved October 13, 2003, Annexation #0135-03, approved December 8, 2003, Annexation #0136-03, approved December 8, 2003, Annexation #0137-03, approved December 8, 2003, Annexation #0138-03, approved December 8, 2003, Annexation #0139-03, approved December 8, 2003, Annexation #0140-03, approved December 8, 2003, Annexation #0141-03, approved December 8, 2003, Annexation #0142-04, approved August 23, 2004, Annexation #0143-04, approved September 27, 2004, Annexation #0145-05, approved January 9, 2006, Annexation #0146-05, approved January 9, 2006, Annexation #0147-06, approved August 28, 2006, Annexation #014806, approved August 28, 2006, Annexation #0150-06, approved October 22, 2007, Annexation #0155-07, approved November 12, 2007, Annexation #0156-08V, approved January 26, 2009, Annexation #0157-08, approved April 27, 2009 and Annexation #2011-019, approved October 24, 2011, which ordinances of annexation are incorporated herein by reference.

Also all that property lying and being in Land Lot 267 of the 6th Land District of Gwinnett County known as 3245 North Berkeley Lake Road, (tax parcel 6-267-050) and 3120 North Berkeley Lake Road (tax parcel 6-267-003A).

The property described herein is intended to include and is hereby declared to include the following Gwinnett County Tax Parcels as shown on the Gwinnett County tax maps for the year 2011:

6236 22 6261 05 6261 06 6261A080 6263 284 6263 286 6263 344 6265 426 6265 427 6265 428 6265 429 6265 430 6265 431 6265 432 6265 433 6265 434 6265 435

6265 436 6265 437 6265 438 6265 439 6265 440 6265 441 6265 442 6265 443 6265 444 6265 445 6265 446 6265 447 6265 448 6265 449 6265 450 6265 451 6265 452

6265 453 6265 454 6265 455 6265 456 6265 457 6265 458 6265 458 6265 458 6267 019 6267 020 6267 021 6267 033 6267 043 6267 044 6267 058 6267 071 6267 073

6268 023 6268 026 6268 029 6268 039 7160 162 7199 223 7199 224 7199 228 7199 229 7199 230 7199 231 7199 232 7199 233 7199 234 7199 235 7199 236 7199 237

7199 238 7199 239 7199 240 7199 241 7199 242 7199 243 7199 244 7199 245 7199 246 7199 247 7199 248 7199 249 7199 250 7199 251 7199 252 7199 253 7199 289

7199 290 7199 291 7199 292 7199 293 7199 294 7199 295 7199 296 7199 297 7199 298 7199 299 7199 300 7199 301 7199 302 7199 303 7199 304 7199 305 7199 306 7199 307 7199 308 7199 309 7199 310 7199 311 7199 313 7199 314 7199 315 7199 316 7199 317 7199 318 7199 319 7199 320 7199 321 7199 322 7199 323 7199 324 7199 325 7199 326 7199 327 7199 328 7199 329 7199 330 7199 331 7199 332 7199 333

THURSDAY, MARCH 29, 2012

7199 334 7199 335 7199 336 7199 337 7199 338 7199 339 7199 340 7199 341 7199 342 7199 343 7199 344 7199 345 7199 346 7199 347 7199 348 7199 349 7199 350 7199 351 7199 352 7199 353 7199 354 7199 355 7199 356 7199 357 7199 358 7199 359 7199 360 7199 361 7199 362 7199 363 7199 364 7199 365 7199 366 7199 367 7199 368 7199 369 7199 370 7199 371 7199 372 7199 373 7199 374 7199 375 7199 376

7199 377 7199 378 7199 379 7199 380 7199 381 7199 383 7199 384 7199 385 7199 386 7199 387 7199 388 7199 389 7199 390 7199 391 7199 392 7199 393 7199 394 7199 395 7199 396 7199 397 7199 398 7199 399 7199 400 7199 401 7199 402 7199 403 7199 404 7199 405 7199 406 7199 407 7199 408 7199 409 7199 410 7199 411 7199 412 7199 414 7199 415 7199 419 7199 420 7199 421 7199 422 7199 423 7199 424

7199 425 7199 426 7199 427 7199 428 7199 429 7199 430 7199 431 7199 432 7199 433 7199 434 7199 435 7199 436 7199 437 7199 438 7199 439 7199 440 7199 441 7199 442 7199 443 7199 444 7199 445 7199 446 7199 447 7199 448 7199 449 7199 450 7199 451 7199 452 7199 453 7199 454 7199 455 7199 456 7199 457 7199 458 7199 459 7199 460 7199 461 7199 462 7199 463 7199 464 7199 465 7199 466 7199 467

5533
7199 468 7199 469 7199 470 7199 471 7199 472 7199 473 7199 474 7199 475 7199 476 7199 477 7199 478 7199 479 7199 480 7199 481 7200 002 7200 003 7200 150 7200 151 7200 152 7200 153 7200 154 7200 155 7200 156 7200 157 7200 158 7200 159 7200 160 7200 161 7200 162 7200 163 7200 164 7200 165 7200 166 7200 167 7200 168 7200 169 7200 170 7200 171 7200 172 7200 173 7200 174 7200 175 7200 176

5534
7200 177 7200 178 7200 179 7200 180 7200 181 7200 182 7200 183 7200 184 7200 185 7200 186 7200 187 7200 188 7200 188 7200 190 7200 192 7200 193 7200 194 7200 195 7200 196 7200 197 7200 198 7200 199 7200 200 7200 201 7200 202 7200 203 7200 204 7200 205 7200 206 7200 207 7200 208 7200 209 7200 210 7200 211 7200 212 7200 213 7200 214 7200 215 7200 216 7200 217 7200 218 7200 219 7200 220

JOURNAL OF THE HOUSE

7200 221 7200 222 7200 223 7200 224 7200 225 7200 226 7200 227 7200 228 7200 229 7200 230 7200 231 7200 232 7200 233 7200 234 7200 235 7200 236 7200 237 7200 238 7200 239 7200 240 7200 241 7200 242 7200 243 7200 244 7200 245 7200 246 7200 247 7200 248 7200 249 7200 250 7200 251 7200 252 7200 253 7200 254 7200 255 7200 256 7200 257 7200 258 7200 259 7200 260 7200 261 7200 262 7200 263

7200 265 7200 266 7200 267 7200 268 7200 269 7200 270 7200 271 7200 272 7200 273 7200 274 7200 275 7200 379 7200 380 7200 381 7200 382 7200 383 7200 384 7200 385 7200 386 7200 387 7200 388 7200 389 7200 390 7200 391 7200 392 7200 393 7200 394 7200 395 7200 396 7200 397 7200 398 7200 399 7200 400 7200 401 7200 402 7200 403 7200 404 7200 405 7200 406 7200 407 7200 408 7200 409 7200 410

7200 412 7200 414 7200 415 7200 416 7200 417 7200 418 7200 419 7200 420 7200 421 7200 422 7200 423 7200 424 7200 425 7200 426 7200 427 7200 428 7200 429 7200 430 7200 431 7200 432 7200 433 7200 434 7200 435 7200 436 7200 437 7200 438 7200 439 7200 440 7200 441 7200 442 7200 443 7200 444 7200 445 7201 002 7201 005 7201 016B 7201 267 7201 268 7201 269 7201 270 7201 271 7201 272 7201 273

7201 274 7201 275 7201 276 7201 277 7201 278 7201 279 7201 280 7201 281 7201 282 7201 283 7201 284 7201 285 7201 286 7201 287 7201 288 7201 289 7201 290 7201 291 7201 292 7201 293 7201 294 7201 295 7201 296 7201 297 7201 298 7201 299 7201 300 7201 301 7201 302 7201 303 7201 304 7201 305 7201 306 7201 307 7201 308 7201 309 7201 310 7201 311 7201 312 7201 313 7201 314 7201 315 7201 316

7201 317 7201 318 7201 319 7201 320 7201 321 7201 322 7201 323 7201 324 7201 325 7201 326 7201 327 7201 328 7201 329 7201 330 7201 331 7201 332 7201 333 7201 334 7201 335 7201 336 7201 337 7201 338 7201 339 7201 340 7201 341 7201 342 7201 343 7201 344 7201 345 7201 346 7201 347 7201 348 7201 349 7201 350 7201 351 7201 352 7201 353 7201 354 7201 355 7201 356 7201 357 7201 358 7201 359

THURSDAY, MARCH 29, 2012

7201 360 7201 361 7201 362 7201 363 7201 364 7201 365 7201 367 7201 368 7201 369 7201 370 7201 371 7201 372 7201 373 7201 374 7201 385 7206 003 7206 006 7206 274 7206 275 7206 280 7206 281 7206 282 7206 283 7206 284 7206 285 7206 286 7206 287 7206 288 7206 289 7206 290 7206 291 7206 292 7206 293 7206 294 7206 295 7206 296 7206 297 7206 298 7206 299 7206 300 7206 301 7206 302 7206 303

7206 304 7206 305 7206 306 7206 307 7206 308 7206 309 7206 310 7206 311 7206 312 7206 313 7206 314 7206 315 7206 316 7206 317 7206 318 7206 319 7206 320 7206 321 7206 322 7206 323 7206 324 7206 327 7206 328 7206 329 7206 330 7206 331 7206 332 7206 333 7206 334 7206 335 7206 336 7206 337 7206 338 7206 339 7206 340 7206 341 7206 342 7206 343 7206 344 7206 345 7206 346 7206 347 7206 348

7206 349 7206 350 7206 351 7206 352 7206 353 7206 354 7206 355 7206 356 7206 357 7206 358 7206 359 7206 360 7206 361 7206 362 7206 363 7206 364 7206 365 7206 366 7206 367 7206 368 7206 369 7206 370 7206 371 7206 372 7206 373 7206 374 7206 375 7206 376 7206 377 7206 378 7206 379 7206 380 7206 381 7206 382 7206 383 7206 384 7206 385 7206 386 7206 387 7206 388 7206 389 7206 390 7206 391

5535
7206 392 7206 393 7206 394 7206 395 7206 398 7206 399 7206 400 7206 401 7206 402 7206 403 7206 404 7206 405 7206 406 7206 407 7206 408 7206 409 7206 410 7206 411 7206 412 7206 413 7206 414 7206 415 7206 416 7206 417 7206 418 7206 419 7206 420 7206 421 7206 422 7206 423 7206 424 7206 425 7206 426 7206 427 7206 428 7206 429 7206 430 7206 431 7206 433 7206 434 7206 435 7206 436 7206 438

5536

JOURNAL OF THE HOUSE

7206 439 7206 440 7206 441 7206 442 7206 443 7206 444 7206 458 7207 002 7207 004 7207 004 7207 005 7207 012 7207 016 7207 094 7207 145 7207 146 7207 147 7207 148 7207 149 7207 150 7207 151 7207 152 7207 153 7207 154 7207 155 7207 156 7207 157 7207 158 7207 159 7207 160 7207 161 7207 162 7207 163 7207 164 7207 165 7207 166 7207 167 7207 168 7207 169 7207 170

7207 171 7207 172 7207 173 7207 174 7207 175 7207 176 7207 177 7207 178 7207 179 7207 180 7207 181 7207 182 7207 183 7207 184 7207 185 7207 186 7207 187 7207 188 7207 189 7207 190 7207 191 7207 192 7207 193 7207 194 7207 195 7207 196 7207 197 7207 198 7207 199 7207 200 7207 201 7207 202 7207 203 7207 204 7207 205 7207 206 7207 207 7207 208 7207 209 7207 210

7207 211 7207 212 7207 213 7207 214 7207 215 7207 216 7207 217 7207 218 7207 219 7207 220 7207 221 7207 222 7207 223 7207 224 7207 225 7207 226 7207 227 7207 228 7207 229 7207 230 7207 231 7207 232 7207 233 7207 234 7207 235 7207 236 7207 237 7207 238 7207 239 7207 241 7207 242 7207 243 7207 244 7207 245 7207 246 7207 247 7207 248 7207 249 7207 250 7207 251

7207 252 7207 253 7207 254 7207 255 7207 256 7207 257 7207 258 7207 259 7207 260 7207 261 7207 262 7207 263 7207 264 7207 265 7207 266 7207 267 7207 268 7207 269 7207 270 7207 271 7207 272 7207 273 7207 274 7207 275 7207 276 7207 277 7207 278 7207 279 7207 280 7207 281 7207 282 7207 283 7207 284 7207 285 7207 286 7207 287 7207 288 6267 050 7207 289 7207 290

7207 291 7207 292 7207 293 7207 294 7207 295 7207 296 7207 297 7207 298 7207 299 7207 300 7207 301 7207 302 7207 303 7207 304 7207 305 7207 306 7207 307 7207 308 7207 309 7207 310 7207 311 7207 312 7207 313 7207 314 7207 315 7207 316 7207 317 7207 318 7207 319 7207 320 7207 321 7207 322 7207 323 7207 324 7207 325 7207 326 7207 327 7207 328 7207 333 6267 003A

The City limits shall also include all of the public roads and right of ways adjacent to the parcels set forth in this 2012 addition, including railroad right of ways lying

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adjacent to those parcels or adjacent to the public roadways adjacent to those parcels, unless said right of ways are specifically included within the boundaries of another City. The property described herein, being more specifically shown as a part of the City of Duluth on a map entitled Boundary Map of the Corporate Limits of City of Duluth, Georgia as of February 2012, which map is incorporated herein by reference and declared to be the official boundaries of the City of Duluth."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
HB 1236. By Representatives Marin of the 96th and Rice of the 51st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), so as to change the corporate limits of the City of Norcross; 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 creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), is revised in Section 1.12 by adding a new subsection to read as follows:
"(h)(1) In addition to all other territory included within the corporate limits of said city, the corporate limits shall specifically include the following described property, all of which is located in Gwinnett County, Georgia: Legal Description Tract 'A'

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All that tract or parcel of land laying and being in land lots 211 and 212 of the 6th Land District of Gwinnett County, Georgia, which tract is more particularly described as follows:
Beginning at a point located at the intersection of the northerly right-of-way of Interstate 85 and the shared land lot line for Land Lots 211 and 212 of the 6th District of Gwinnett County, Georgia, said point being the POINT OF BEGINNING; proceed thence south easterly direction along the northerly right-ofway of Interstate 85 to the Existing City of Norcross, Georgia City Limits Line; thence leaving the northerly right-of-way of Interstate 85 proceed in a northerly direction along the Existing City of Norcross, Georgia City Limits Line to a point located on southerly right-of-way of Bolton Circle; thence proceed northwest along the southerly right-of-way of Bolton Circle and the Existing City of Norcross, Georgia City Limits Line to a point; thence proceed in southwesterly direction leaving the southerly right-of-way of Bolton Circle and along the Existing City of Norcross City Limits Line to a point; thence proceed in northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point located on the southerly right-of-way of Beaver Ruin Road; thence east along the southerly right-of-way of Beaver Ruin Road to the westerly right-of-way of Bolton Circle; thence across and perpendicular to Beaver Ruin Road to a point located on the northerly right-of-way of Beaver Ruin Road; thence northeast, east and southeast along the northerly right-of-way of Beaver Ruin Road to the western corner of 1804 Beaver Ruin Road; thence leaving the northerly right-of-way of Beaver Ruin Road proceed in a northeasterly direction along the northwest boundary of 1804 Beaver Ruin Road to a point; thence southeast along the northeast boundary of 1804 Beaver Ruin Road to a point located on the northerly right-of-way of Interstate 85; thence southwest along the northerly right-of-way of Interstate 85 to the POINT OF BEGINNING. Legal Description Tract 'B' All that tract or parcel of land lying and being in Land Lot 212 of the 6th District, Gwinnett County, Georgia and being more particularly described as follows: Beginning at a point located at the intersection of the southerly Right of Way line of Beaver Ruin Road (Right of Way Varies) and the easterly Right of Way line of Indian Trail Road (Right of Way Varies); thence along the southerly Right of Way line of Beaver Ruin Road North 17 Degrees 40 Minutes 21 Seconds East, 60.08 feet to a point; thence continue along the southerly Right of Way line of Beaver Ruin Road South 72 Degrees 10 Minutes 10 Seconds East, 37.02 feet to a point; thence continue along the southerly Right of Way line of Beaver Ruin Road South 85 Degrees 54 Minutes 57 Seconds East, 73.50 feet to a point; thence continue along the southerly Right of Way line of Beaver Ruin Road North 89 Degrees 40 Minutes 33 Seconds East, 64.69 feet to a point; thence leaving the southerly Right of Way line of Beaver Ruin Road South 15 Degrees 48 Minutes 14 Seconds East 236.96 feet to a point; thence South 74 Degrees 11 Minutes 46 Seconds West, 267.64 feet to a point on the easterly Right of Way line of Indian Trail Road; thence along the

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easterly Right of Way line of Indian Trail Road North 12 Degrees 49 Minutes 14 Seconds West, 82.78 feet to a point; thence continue along the easterly Right of Way line of Indian Trail Road North 04 Degrees 58 Minutes 19 Seconds West, 218.31 feet to The Point of Beginning containing 1.57 acres. (2) The portion of Interstate 85 and adjacent rights of way currently within the corporate limits of the City of Norcross, Georgia are hereby de-annexed from the existing corporate limits of the City of Norcross, Georgia."

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, 2012, for ad valorem tax purposes.

SECTION 3. 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 substitutes or amendment, the roll call was ordered and the vote was as follows:

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

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
Ehrhart Y England E Epps, C Y Epps, J Y Evans
Floyd Y Fludd Y Frazier Y Fullerton Y Gardner
Geisinger Golick Y Gordon Y Greene

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

Y Mayo Y McBrayer Y McCall Y McKillip
Meadows Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E 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 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
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y 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 Y Crawford

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

Y Lane Lindsey
Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

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

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 Bills, and on the agreement to the Senate substitutes or amendment, the ayes were 155, nays 0.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitutes or amendment.

Representative Bryant of the 160th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

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.

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

Representatives Coleman of the 97th, Battles of the 15th, Harden of the 28th, Morgan of the 39th, Waites of the 60th, Smyre of the 132nd, Nix of the 69th, Roberts of the

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154th, Yates of the 73rd, Reece of the 11th, Welch of the 110th, Purcell of the 159th, Gordon of the 162nd, Kaiser of the 59th, Sims of the 169th, Henson of the 87th, Drenner of the 86th, Abrams of the 84th, and Abdul-Salaam of the 74th.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
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:
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.
The following Senate amendments were read:
Senate Amendment #1
The Senate offers the following amendment:
Amend HB 1176 (LC 29 5281S) by replacing lines 1 through 5 with the following: To amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to change provisions relating to the state's right to appeal; to amend Titles 15, 16, 17, 35, and 42 of the Official Code of
By replacing lines 46 through 52 with the following: Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, is amended by revising paragraph (7) of subsection (a) of Code Section 5-7-1, relating to orders, decisions, or judgments appealable, as follows:

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"(7) From an order, decision, or judgment of a superior court granting a motion for new trial or an extraordinary motion for new trial;"
SECTION 1-2. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 5-7-2, relating to certification required for immediate review of nonfinal orders, decisions, or judgments and exceptions, as follows: "(2) Order, decision, or judgment described in paragraph (1) or (7) of subsection (a) of Code Section 5-7-1."
Senate Amendment #2
The Senate offers the following amendment:
Amend HB 1176 (LC 29 5281S) by revising lines 318 through 398 as follows: (a) As used in this Code section, the term: (1) 'Dwelling' means any building, structure, or portion thereof which is designed or intended for occupancy for residential use. (2) 'Railroad car' shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. (a)(b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within the an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of who commits the offense of burglary, for the first such offense in the first degree 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. For the purposes of this Code section, the term 'railroad car' shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. Upon the second conviction for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more that 20 years. Upon the third and all subsequent convictions for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than 25 years. (c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty

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of a felony and shall be punished by imprisonment for not less than one nor more than eight years. (b)(d) Upon a second conviction fourth and all subsequent convictions for a crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than two nor more than 20 years. Upon a third conviction for the crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than five nor more than 20 years. Adjudication in any degree, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under this subsection."
Senate Amendment #3
The Senate offers the following amendment:
Amend HB 1176 (LC 29 5281S) by deleting "misdemeanor" on line 414.
Senate Amendment #4
The Senate offers the following amendment:
Amend HB 1176 (LC 29 5281S) by replacing "including" with "other than"on line 603.
By replacing lines 608 through 612 with the following: defraud he or she knowingly: (1) Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or (2) Possesses ten or more checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.
By replacing lines 614 through 618 with the following: defraud he or she knowingly: (1) Makes, alters, possesses, utters, or delivers any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
(2) Possesses less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

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JOURNAL OF THE HOUSE

Senate Amendment #5
The Senate offers the following amendment:
Amend HB 1176 (LC 29 5281S) by replacing lines 713 through 716 with the following: (f) Reserved.
Senate Amendment #6
The Senate offers the following amendment:
Amend HB 1176 (LC 29 5281S) by inserting between lines 1078 and 1079 the following: (1) Trafficking a person for sexual servitude, as defined in Code Section 16-5-46;
By redesignating paragraphs (1) through (6) on lines 1079, 1080, 1081, 1082, 1084, and 1085 as paragraphs (2) through (7), respectively.
Senate Amendment #7
The Senate offers the following amendment:
Amend HB 1176 (LC 29 5281S) by replacing "(c), and (g)" with "(c), (e), and (g)" on line 1161.
By replacing lines 1248 through 1259 with the following: (2) If a person is required to report child abuse pursuant to this subsection because that person attends to a child pursuant to such person's duties as a member of the staff of an employee of or volunteer at a hospital, school, social agency, or similar facility, that person shall notify the person in charge of the facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code section. A staff member An employee or volunteer who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection. Under no circumstances shall any person in charge of such hospital, school, agency, or facility, or the designated delegate thereof, to whom such notification has been made exercise any control, restraint, modification, or make other change to the information provided by the reporter, although each of the aforementioned persons may be consulted prior to the making of a report and may provide any additional, relevant, and necessary information when making the report."
"(e) An oral report shall be made immediately, but in no case later than 24 hours from the time there is reasonable cause to believe a child has been abused, by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Services, or, in the absence of such agency, to an appropriate police authority or district attorney. If a

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report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true or the report contains any allegation or evidence of child abuse, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and the child's parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff employees or volunteers, physicians, law enforcement personnel, school officials, or staff employees or volunteers of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian. Such photograph photographs shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority."

Representative Golick of the 34th moved that the House agree to the Senate amendments to HB 1176.

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y 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 E Bryant Y Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J

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 Y Geisinger Y Golick E Gordon Y Greene Y Hamilton Y Hanner

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
Jones, S Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey

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 Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Rice

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 E Stephens, M E Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley
Thomas Y Waites Y Watson Y Welch
Weldon Y Wilkerson E Wilkinson Y Willard

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

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

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

Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders
Scott, M Y Scott, S

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

On the motion, the ayes were 162, nays 0.

The motion prevailed.

Representative Weldon of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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 Senate substitute was read:

A BILL TO BE ENTITLED AN ACT

To amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide a definition for durable medical equipment; to provide a new exemption for a limited period of time regarding sales to certain nonprofit volunteer health clinics; to provide a new exemption with respect to certain sales of eligible food and beverages to a qualified food bank; 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 a new exemption for kidney dialysis equipment; 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 certain dealers and retailers may under certain circumstances advertise that the dealer or retailer will pay the purchaser's sales and use tax on a transaction; to provide for definitions; 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. Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, is amended by revising Code Section 48-8-2, relating to definitions regarding state sales and use tax, as follows:
"(15) 'Durable medical equipment' means equipment including repair and replacement parts for the same, but does not include any kidney dialysis equipment or 'mobility enhancing equipment,' which:
(A) Can withstand repeated use; (B) Is primarily and customarily used to serve a medical purpose; (C) Generally is not useful to a person in the absence of illness or injury; and (D) Is not worn in or on the body."
SECTION 2. Said part is further amended by revising paragraph (7.3), subparagraph (A) of paragraph (57.1), subparagraph (A) of paragraph (57.2), and paragraphs (90) and (91) and by adding a new paragraph in Code Section 48-8-3, relating to exemptions from sales and use tax, as follows:
"(7.3) For the period commencing July 1, 2008 2012, and ending June 30, 2010 December 31, 2014, sales of tangible personal property and services to a nonprofit volunteer health clinic which primarily treats indigent persons with incomes below 200 percent of the federal poverty level and which property and services are used exclusively by such volunteer health clinic in performing a general treatment function in this state when such volunteer health clinic is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner;
(57.1)(A) From July 1, 2006 2012, until June 30, 2010 2015, sales of food and food ingredients to a qualified food bank." "(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." "(90) The sale of electricity to a manufacturer located in this state used directly in the manufacture of a product if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product; or (91) The sale of prewritten software which has been delivered to the purchaser electronically or by means of load and leave.; or (92) The sale or use of kidney dialysis equipment, whether or not worn on the body, including repair and replacement parts and supplies used to facilitate the dialysis process, including, but not limited to, dialyzers, fistula needles, connective tubing, and solutions."

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SECTION 3. 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, is amended by revising Code Section 48-8-36, relating to prohibition of advertising by dealer of his or her assumption of payment of tax, as follows:
"48-8-36. (a) As used in this Code section, the term:
(1) 'Consumer goods' shall mean final goods specifically intended for the mass market. (2) 'Final goods' shall mean goods that are ultimately consumed rather than used in the production of another good. (b) No person engaged in making retail sales shall advertise or represent to the public in any manner directly or indirectly that he or she will absorb all or any part of the tax or that he or she will relieve the purchaser of the payment of all or any part of the tax imposed by this article unless: (1) The retail sales are for consumer goods; (2) The dealer or retailer includes in the advertisement that any portion of the tax not paid by the purchaser will be remitted on behalf of the purchaser by the dealer or retailer; and (3) The dealer or retailer furnishes the purchaser with written evidence that the dealer or retailer will be liable for and pay any tax the purchaser was relieved from paying under this Code section. (c) If a dealer or retailer advertises pursuant to subsection (b) of this Code section that any portion of the tax not paid by the purchaser will be remitted on the purchaser's behalf by the dealer or retailer, the dealer or retailer shall be solely liable for and shall pay that portion of the tax. If a dealer or retailer complies with the provisions of this Code section and pays the absorbed tax over to the commissioner as provided by law, the dealer or retailer shall be deemed to have complied with the provisions of this article requiring collection of the tax from the purchaser."
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.
Representative Stephens of the 164th moved that the House disagree to the Senate substitute to HB 318.
The motion prevailed.
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:

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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.
The following Senate substitute was read:
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 provide for definitions, procedures, conditions, limitations, and prohibitions relating to the buying and selling of regulated metal property; to provide that secondary metals recyclers shall only purchase coil and certain copper wire from certain persons; to provide that secondary metals recyclers shall only purchase burial objects from certain persons; to change certain provisions relating to records secondary metals recyclers are to required to maintain and provide to sheriffs; to change certain provisions relating to inspections by law enforcement officers; to change certain provisions relating to payment by secondary metals recyclers for regulated metal property; to provide for powers, duties, and authority of sheriffs and other law enforcement officers; to provide for permits and fees; to provide for a state-wide data base; to provide for criminal offenses and penalties; to provide for forfeiture of certain property and procedure therefor; to provide for local regulation of the sale and purchase of regulated metal property; to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to make certain changes for purposes of conformity; 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 verification that a vehicle is not subject to any secured interest or lien; 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 and verification that a vehicle is not subject to any secured interest or lien, subject to a contingency; to provide for definitions; to amend Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of security interests and liens, so as to change certain

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provisions relating to the release of security interests and liens; to provide for related matters; to provide effective dates and a contingency; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by revising Article 14, relating to secondary metals recyclers, to read as follows:
"ARTICLE 14
10-1-350. As used in this article, the term:
(1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Burial object' means any product manufactured for or used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted. (3) 'Coil' means any copper, aluminum, or aluminum-copper condensing coil or evaporation coil including its tubing or rods. The term shall not include coil from a window air-conditioning system, if contained within the system itself, or coil from an automobile condenser. (4) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (5) 'Deliverer' means any person who takes or transports the regulated metal property to the secondary metals recycler. (1)(6) 'Ferrous metals' means any metals containing significant quantities of iron or steel. (2)(7) 'Law enforcement officer' means any duly constituted peace officer of the State of Georgia or of any county, municipality, or political subdivision thereof. (3)(8) 'Nonferrous metals' means stainless steel beer kegs and metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof. (4)(9) 'Person' means an individual a natural person, partnership, corporation, joint venture, trust, association, and or any other legal business entity. (5)(10) 'Personal identification card' means a current and unexpired driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the

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Department of Homeland Security, which shall contain the individual's name, address, and photograph. (6)(11) 'Purchase transaction' means a transaction in which a the secondary metals recycler gives consideration in exchange for regulated metal property. (7)(12) 'Regulated metal property' means any item composed primarily of any ferrous metals or nonferrous metals, and includes aluminum property, copper property, and catalytic converters but shall not include batteries, aluminum beverage containers, used beverage containers, or similar beverage containers. (8)(13) 'Secondary metals recycler' means any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for ferrous or nonferrous metals regulated metal property that have has served their its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. (14) 'Seller' means the rightful owner of the regulated metal property or the person authorized by the rightful owner of the regulated metal property to conduct the purchase transaction; provided, however, that if the rightful owner of the regulated metal property is a person other than a natural person, such owner shall authorize a natural person to conduct the purchase transaction.
10-1-351. (a) No secondary metals recycler shall purchase any coil unless it is purchased from:
(1) A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; or (2) A seller with verifiable documentation, such as a receipt or work order, indicating that the coils are the result of a replacement of condenser coils or a heating or airconditioning system performed by a contractor licensed pursuant to Chapter 14 of Title 43. (b) No secondary metals recycler shall purchase any copper wire which appears to have been exposed to heat, charred, or burned in an attempt to remove insulation surrounding it unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; or (2) A seller with a copy of a police report showing that such seller's real property was involved in a fire.

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10-1-352. (a) No secondary metals recycler shall purchase a burial object unless it is purchased from:
(1) A funeral director licensed under the provisions of Chapter 18 of Title 43 or by another state who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A cemetery owner registered pursuant to Code Section 10-14-4 or with another state who provides a copy of his or her valid registration at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied registration is on file with the secondary metals recycler; (3) A manufacturer or distributor of burial objects who provides a copy of his or her valid business license at the time of sale that is scanned or photocopied by the secondary metals recycler and a letter from the owner or operator of the manufacturing or distributing business expressly recognizing the seller as an employee or authorized agent of the manufacturer or distributor or whose scanned or photocopied business license and letter are on file with the secondary metals recycler; or (4) A person with verifiable documentation, such as a receipt from or contract with a licensed funeral director, registered cemetery owner, or manufacturer or distributor of burial objects, evidencing that such person is the rightful owner of the burial object. (b) Any person who sells or purchases a burial object as scrap metal in violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years.
10-1-351. 10-1-353. (a) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party. Such record shall include the following information:
(1) The name and address of the secondary metals recycler; (2) The date of the transaction; (3) The weight, quantity, or volume and a description of the type of regulated metal property purchased in a purchase transaction. For purposes of this paragraph, the term 'type of regulated metal property' shall include a general physical description, such as wire, tubing, extrusions, or castings; (4) A digital photograph or photographs or a digital video image or images of the regulated metal property which shows the regulated metal property in a reasonably clear manner; (4)(5) The amount of consideration given in a purchase transaction for the regulated metal property and a copy of the check or voucher or documentation evidencing the electronic funds transfer given as consideration for such purchase transaction; (5)(6) A signed and sworn affidavit from the person receiving consideration in the purchase transaction stating that he or she is the rightful owner of the regulated metal

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property or is entitled has been authorized by the rightful owner of the regulated metal property to sell the regulated metal property being sold; (7) A signed and sworn affidavit from the seller stating that he or she understands that: 'A secondary metals recycler is any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. No ferrous metals, nonferrous metals, aluminum property, copper property, or catalytic converters (batteries, aluminum beverage containers, used beverage containers, or similar beverage containers are exempt) may be purchased by a secondary metals recycler unless such secondary metals recycler is a holder of a valid permit issued pursuant to Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated'; (6)(8) A photocopy scanned or photocopied copy of a valid personal identification card of the person delivering the regulated metal property to the secondary metals recycler seller and the deliverer, if such person is different from the seller; (9) A photograph, videotape, or digital recording depicting a recognizable facial image of the seller and the deliverer, if such person is different from the seller, employing technology allowing the image to be retained in electronic storage and in a transferable format; (7)(10) The distinctive number from, and type of, the personal identification card of the person delivering the regulated metal property to the secondary metals recycler seller and the deliverer, if such person is different from the seller; and (8)(11) The vehicle license tag number or vehicle identification number, state of issue, and the type of vehicle, if available, used to deliver the regulated metal property to the secondary metals recycler. For purposes of this paragraph, the term 'type of vehicle' shall mean an automobile, pickup truck, van, or truck; (12) A scanned or photocopied copy of the verifiable documentation, reports, licenses, and registrations, required pursuant to Code Sections 10-1-351 and 10-1352; and (13) A scanned or photocopied copy of the permit issued by the sheriff pursuant to Code Section 10-1-360, if the regulated metal property is purchased from a secondary metals recycler. (b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) of this Code section for not less than two years from the date of the purchase transaction. (c) A secondary metals recycler shall provide all of the information required by subsection (a) of this Code section for each transaction, except for the amount of consideration given in a purchase transaction for the regulated metal property specified in paragraph (5) of subsection (a) of this Code section, to the sheriff of the county from which a secondary metals recycler has been issued a permit pursuant to Code Section 10-1-360; provided, however, that if the secondary metals recycler has been issued

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more than one permit, then such information shall only be provided to the sheriff of the county in which the purchase transaction took place. (c)(d) When the metal being purchased is a motor vehicle, the person offering to sell the motor vehicle to a secondary metals recycler shall either provide the title to such motor vehicle or fully execute a cancellation of certificate of title for scrap vehicles statement on a form as promulgated by the Department of Revenue, Motor Vehicle Division, designated as MV-1SP, in accordance with Code Section 40-3-36. The secondary metals recycler shall forward the title or MV-1SP form to the Department of Revenue within 72 hours of receipt of the title or form. (e) It shall be unlawful to make a false statement in executing the affidavit required by either paragraph (6) or (7) of subsection (a) of this Code section, and the making of a false statement shall be punishable as an act of false swearing under Code Section 1610-71.
10-1-352. 10-1-354. During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying himself or herself as a law enforcement officer, have the right to inspect:
(1) Any and all purchased regulated metal property in the possession of the secondary metals recycler; and (2) Any and all records required to be maintained under Code Section 10-1-351 10-1353.
10-1-352.1. 10-1-355. (a) As used in this Code section, the terms:
(1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (b) A secondary metals recycler may pay by check or by cash for any copper property, catalytic converter, or aluminum property as follows: (1) Cash payments shall occur no earlier than 24 hours after the copper property, catalytic converter, or aluminum property is provided to the secondary metals recycler; and (2) Checks shall be payable only to the person named who was recorded as delivering the copper property, catalytic converter, or aluminum property to the secondary metals recycler; provided, however, that if such person is delivering the copper property, catalytic converter, or aluminum property on behalf of a governmental entity or a nonprofit or for profit business, the check may be payable to such business or entity and may also be transmitted to such business or entity. (c) The provisions of this Code section shall not apply to any transaction between business entities. (a) A secondary metals recycler shall pay only by check, voucher, or electronic funds transfer for regulated metal property.

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(b) If the seller of the regulated metal property is an employee or authorized agent of a business entity as evidenced by a copy of a valid business license and a letter from the owner or operator of the business expressly recognizing the seller as an employee or authorized agent, then payment for the regulated metal property shall be made only by check or electronic funds transfer, at the option of the seller, made payable to the business entity and mailed to or electronically transferred using the address of such business entity 14 days immediately following the sale.
(c)(1) If the seller of the regulated metal property is not an employee or authorized agent of a business entity or elects to be paid in his or her name, the payment for the regulated metal property shall be by check, electronic funds transfer, or voucher, at the option of the seller. (2) If the seller elects payment by check or electronic funds transfer pursuant to paragraph (1) of this subsection, the check or electronic funds transfer shall be made payable only to the natural person who was recorded as the seller of the regulated metal property to the secondary metals recycler and mailed to or electronically transferred using the address indicated on the personal identification card of the seller presented at the time of such sale 14 days immediately following the sale. (3) If the seller elects payment by voucher pursuant to paragraph (1) of this subsection, the secondary metals recycler shall mail the seller a voucher for the amount of regulated metal property purchased 14 days immediately following the sale. Such voucher shall made payable only to the natural person who was recorded as the seller of the regulated metal property to the secondary metals recycler and mailed to the address indicated on the personal identification card of the seller presented at the time of such sale. The voucher shall include the date of purchase, name of the seller, the amount paid for the regulated metal property, a detailed description of the regulated metal property purchased, and the date on which the voucher expires. The voucher may only be redeemed for cash by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative. If a voucher is not redeemed by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative within six months of the date of the transaction, the voucher shall expire and the secondary metals recycler shall not be required to honor the voucher after the expiration date.
10-1-353. 10-1-356. (a) Whenever a law enforcement officer has reasonable cause to believe that any item of regulated metal property in the possession of a secondary metals recycler has been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler. The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the notice issued in accordance with this Code section, the secondary metals recycler receiving the notice shall not process or remove the items of regulated metal

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property identified in the notice, or any portion thereof, from the premises of or place of business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer. (b) No later than the expiration of the 15 day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the extended hold notice issued in accordance with this Code section, the secondary metals recycler receiving the extended hold notice shall not process or remove the items of regulated metal property identified in the notice, or any portion thereof, from the premises of or place of business of the secondary metals recycler for 30 calendar days after receipt of the extended hold notice by the secondary metals recycler, unless sooner released by a law enforcement officer. (c) At the expiration of the hold period or, if extended in accordance with this Code section, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the regulated metal property unless other disposition has been ordered by a court of competent jurisdiction.
10-1-354. 10-1-357. (a) If the secondary metals recycler contests the identification or ownership of the regulated metal property, the party other than the secondary metals recycler claiming ownership of any regulated metal property in the possession of a secondary metals recycler may, provided that a timely report of the theft of the regulated metal property was made to the proper authorities, bring an action in the superior or state court of the county in which the secondary metals recycler is located or in which the secondary metals recycler has been issued a permit pursuant to Code Section 10-1-360. The petition for such action shall include a description of the means of identification of the regulated metal property utilized by the petitioner to determine ownership of the regulated metal property in the possession of the secondary metals recycler. (b) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has complied with the provisions of this article, and the person who sold the regulated metal property to the secondary metals recycler seller or deliverer is convicted of theft by taking, theft by conversion, a violation of this article, theft by receiving stolen property, or criminal damage to property in the first degree, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the secondary metals recycler or lawful owner, as appropriate. (c) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has knowingly and intentionally not complied with the provisions of this article, and the secondary metals recycler is convicted of theft by taking, theft by conversion, theft by receiving stolen property, or a violation of this article, the court

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shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the lawful owner.
10-1-355. 10-1-358. This article shall not apply to purchases of regulated metal property from:
(1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations or from any nonprofit corporations or associations; (2) A law enforcement officer acting in an official capacity; (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler; (4) Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler; (5) A sale on the execution, or by virtue, of any process issued by a court if proof thereof has been presented to the secondary metals recycler; or (6) A manufacturing, industrial, or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business.
10-1-356. 10-1-359. It shall be unlawful for:
(1) A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of 9:00 7:00 P.M. and 6:00 7:00 A.M.; and (2) Any person to give a false statement of ownership or to give a false or altered identification or vehicle tag number and receive money or other consideration from a secondary metals recycler in return for regulated metal property personal identification card, vehicle license tag number, or vehicle identification number to a secondary metals recycler as part of a purchase transaction.
10-1-360. (a) Each secondary metals recycler shall be required to obtain a permit before engaging in the purchase of regulated metal property. If the secondary metals recycler is a person other than a natural person, such person shall obtain a permit from the sheriff of each county in which the secondary metals recycler maintains a place of business. If the secondary metals recycler is a natural person, he or she shall obtain a permit from the sheriff of the county in which he or she resides or if such natural person is a nonresident of this state, he or she shall obtain a permit from the sheriff of the county in Georgia where he or she primarily engages or intends to primarily engage in business as a secondary metals recycler. The secondary metals recycler shall declare on a form provided by the sheriff that he or she is informed of and will comply with the provisions of this article. The sheriff shall issue a permit to the secondary metals recycler and shall keep a record of each permit issued pursuant to this subsection. Each permit shall be valid for 12 months.

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(b)(1) The sheriff shall enter into a state-wide electronic data base a record of all permits including, at a minimum, the date of issuance and the name and address of the permit holder. Such data base shall be established through coordination with the Georgia Bureau of Investigation and shall be accessible and searchable by all law enforcement officers in this state. (2) The sheriff shall enter the information provided to him or her by a secondary metals recycler pursuant to subsection (c) of Code Section 10-1-353 into the data base established pursuant to paragraph (1) of this subsection. (3) The sheriff shall be authorized to:
(A) Delegate to personnel in the sheriff's office the issuance of permits and entering into the data base of the records of the permits and the information provided to him or her by a secondary metals recycler pursuant to subsection (c) of Code Section 101-353; and (B) Enter into contracts with the governing authority of a county, municipality, or consolidated government for such governing authority to provide by ordinance for the issuance of such permits and the entry of such information into the data base by other law enforcement agencies, by staff of the governing authority, or by secondary metals recyclers. Any such contract shall provide for reimbursement to such governing authority for permit issuance or entry of information into the data base, or both, as is applicable, (4) The sheriff shall be authorized to assess and require payment of a reasonable permit fee prior to the issuance of each permit for the purpose of establishing and maintaining the data base, not to exceed $200.00. (c) It shall be unlawful for any secondary metals recycler to purchase regulated metal property in any amount without a valid permit required pursuant to subsection (a) of this Code section. (d) Any person convicted of violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
10-1-357. 10-1-361. (a) Any person selling regulated metal property to a secondary metals recycler in violation of any provision of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (b) Any secondary metals recycler knowingly and intentionally engaging in any practice which constitutes a violation of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated

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metal property, is in an aggregate amount which exceeds $500.00, such secondary metals recycler shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (a) Except as provided for in subsection (b) of Code Section 10-1-352, subsection (e) of Code Section 10-1-353, and subsection (c) of Code Section 10-1-360, any person who buys or sells regulated metal property in violation of any provision of this article:
(1) For a first offense, shall be guilty of a misdemeanor; (2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and (3) For a third or subsequent offense, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. (b) Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable in a civil action to any person who was the victim of a crime involving such regulated metal property for the full value of the regulated metal property, any repairs and related expenses incurred as a result of such crime, litigation expenses, and reasonable attorneys' fees.
10-1-362. (a) As used in this Code section, the term:
(1) 'Crime' means: (A) Theft by taking in violation of Code Section 16-8-2, theft by conversion in violation of Code Section 16-8-4, or theft by receiving stolen property in violation of Code Section 16-8-7 if the subject of the theft was regulated metal property; (B) Criminal damage to property in the first degree in violation of paragraph (2) of subsection (a) of Code Section 16-7-22; or (C) A criminal violation of this article.
(2) 'Proceeds' shall have the same meaning as set forth in Code Section 16-13-49. (3) 'Property' shall have the same meaning as set forth in Code Section 16-13-49. (b) The following are declared to be contraband, and no person shall have a property right in them: (1) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a crime and any proceeds derived or realized therefrom; and (2) Any weapon possessed, used, or available for use in any manner to facilitate a crime. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Code Section 16-13-49.
10-1-358. 10-1-363. The General Assembly finds that although this article is a matter of state-wide concern, local regulation may nonetheless be appropriate in order to enhance further the ability of law enforcement personnel to perform their duties. This article supersedes and

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preempts all Consequently, this article shall be supplementary to local regulation and shall not supersede or preempt any rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding the sale or purchase of regulated metal property."
SECTION 1-2. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by revising paragraph (9) of subsection (a) of Code Section 16-8-12, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, as follows:
"(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are term is defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both."
SECTION 1-3. 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, is amended by revising paragraphs (2) and (3) of subsection (a) as follows:
"(2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, or has lost the title for the vehicle to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is worth $850.00 or less and is at least 12 model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a secondary metals recycler, a licensed used motor vehicle parts dealer under Code Section 43-477 licensed pursuant to Chapter 47 of Title 43, or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to:
(A) A statement that the vehicle shall never be titled again; it must be dismantled or scrapped; (B) A description of the vehicle, including the year, make, model, vehicle identification number, and color; (C) The name, address, and driver's license number of the owner; (D) A certification that the owner:
(i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $850.00 or less;

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(ii) Is at least 12 model years old; and (iii) Is not subject to any secured interest or lien; (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement; (G) The owner's signature and the date of the transaction; (H) The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle; (I) A certification by the business that $850.00 or less was paid to acquire the vehicle; and (J) A certification that the business has verified by an on-line method determined by the commissioner that the vehicle is not currently subject to any secured interest or lien; provided, however, that such certification shall not be required until such an on-line method has been established and is available; and (J)(K) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3) The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction, requesting that the department cancel the Georgia certificate of title and registration."
SECTION 1-4. Said Code section is further amended by adding a new subsection to read as follows:
"(j) As used in this Code section, the terms: (1) 'Scrap metal processor' shall have the same meaning as set forth in Code Section 43-43-1. (2) 'Secondary metals recycler' shall have the same meaning as set forth in Code Section 10-1-350. (3) 'Used motor vehicle parts dealer' shall have the same meaning as set forth in Code Section 43-47-2."
SECTION 1-5. Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of security interests and liens, is amended by revising paragraph (1) of subsection (a) and revising subsection (c) as follows:
"(a)(1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commissioner prescribes and mail or deliver the release to the commissioner and the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in

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accordance with regulations promulgated by the commissioner. For the purposes of the release of a security interest or lien the 'holder' of the lien or security interest is the parent bank or other lending institution and any branch or office of the parent institution may execute such release." "(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest for a vehicle which is 11 model years old or less shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. For a vehicle which is 12 model years old and greater, any lien or security interest shall be considered satisfied and a release shall not be required after four years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years for a vehicle which is 11 model years old or less or beyond a period of more than four years for a vehicle which is 12 model years old or greater, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle which is 11 model years old or less or more than four years for a vehicle which is 12 model years old and greater, other than a mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner or the commissioner's duly authorized tag agent before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner or the commissioner's duly authorized county tag agent."
PART II SECTION 2-1.
Code Section 40-3-36 of the Official Code of Georgia Annotated, as amended by Section 21(b) of Ga. L. 2011, p. 355, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, is amended by revising paragraphs (2) and (3) of subsection (a) as follows:
"(2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, or has lost the title for the vehicle to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is worth $850.00 or less and is at least 12 model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed

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used motor vehicle parts dealer under Code Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to:
(A) A statement that the vehicle shall never be titled again; it must be dismantled or scrapped; (B) A description of the vehicle including the year, make, model, vehicle identification number, and color; (C) The name, address, and driver's license number of the owner; (D) A certification that the owner:
(i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $850.00 or less; (ii) Is at least 12 model years old; and (iii) Is not subject to any secured interest or lien; (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement; (G) The owner's signature and the date of the transaction; (H) The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle; (I) A certification by the business that $850.00 or less was paid to acquire the vehicle; and (J) A certification that the business has verified by an on-line method determined by the commissioner that the vehicle is not currently subject to any secured interest or lien; provided, however, that such certification shall not be required until such an on-line method has been established and is available; and (J)(K) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3)(A) The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction, requesting that the department cancel the Georgia certificate of title and registration. (B) Notwithstanding the requirement to mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department, the department shall provide a mechanism for the receipt of the information required to be obtained in the statement by electronic means, at no cost to the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor, in lieu of the physical delivery of the statement, in which case the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall maintain the original statement for a period of not less than two years.

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(C) Within 48 hours of each day's close of business, the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver in a format approved by the department, either by facsimile or by other electronic means to be made available by the department by January 1, 2012, a list of all such vehicles purchased that day for scrap or for parts. That list shall contain the following information:
(i) The name, address, and contact information for the reporting entity; (ii) The vehicle identification numbers of such vehicles; (iii) The dates such vehicles were obtained; (iv) The names of the individuals or entities from whom the vehicles were obtained, for use by law enforcement personnel and appropriate governmental agencies only; (v) A statement of whether the vehicles were, or will be, crushed or disposed of, or offered for sale or other purposes; (vi) A statement of whether the vehicle is intended for export out of the United States; and (vii) The National Motor Vehicle Title Information System identification number of the business acquiring the vehicle. There shall be no charge to either a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor associated with providing this information to the department. (D) For purposes of this subsection, the term 'motor vehicle' shall not include a vehicle which has been crushed or flattened by mechanical means such that it is no longer the motor vehicle as described by the certificate of title, or such that the vehicle identification number is no longer visible or accessible, in which case the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall verify that the seller has reported the vehicles in accordance with this subsection. Such verification may be in the form of a certification from the seller or contract between the seller and the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor which clearly identifies the seller by a government issued photograph identification card, or employer identification number, and shall be maintained for a period of not less than two years. (E) The information obtained by the department in accordance with this subsection shall be reported to the National Motor Vehicle Title Information System, in a format which will satisfy the requirement for reporting this information, in accordance with rules adopted by the United States Department of Justice in 28 C.F.R. 25.56. (F) The information obtained by the department in accordance with this subsection shall be made available only to law enforcement agencies, and for purposes of canceling certificates of title, and shall otherwise be considered to be confidential business information of the respective reporting entities.

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(G) All records required under the provisions of this Code section shall be maintained for a period of two years by the reporting entity and shall include a scanned or photocopied copy of the seller's or seller's representative's driver's license or state issued identification card."
SECTION 2-2. Said Code section is further amended by adding a new subsection to read as follows:
"(j) As used in this Code section, the terms: (1) 'Scrap metal processor' shall have the same meaning as set forth in Code Section 43-43-1. (2) 'Secondary metals recycler' shall have the same meaning as set forth in Code Section 10-1-350. (3) 'Used motor vehicle parts dealer' shall have the same meaning as set forth in Code Section 43-47-2."
PART III SECTION 3-1.
(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2012, and shall apply to all offenses committed on or after such date. (b) Part II of this Act shall become effective only upon Section .1 of Ga. L. 2011, p. 355 becoming effective as provided by Section 21(b) of that Act.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.
Representative Shaw of the 176th moved that the House disagree to the Senate substitute to HB 872.
The motion prevailed.
SB 110. By Senators Murphy of the 27th, Bulloch of the 11th, Miller of the 49th, Gooch of the 51st, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Code Section 12-8-25.3 of the Official Code of Georgia Annotated, relating to further restrictions on municipal solid waste landfill sites within significant ground-water recharge areas or near military air space used as a bombing range and untreated municipal sewage sludge, so as to repeal certain provisions relating to restrictions on municipal solid waste landfill sites within significant groundwater recharge areas; to eliminate a reference to such provisions; to repeal conflicting laws; and for other purposes.

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Representative Smith of the 129th moved that the House insist on its position in substituting SB 110.
The motion prevailed.
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.
The following Senate substitute was read:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, is revised as follows:
"48-6-73. Each collecting officer shall make a report to the commissioner by the tenth day of each month on forms prescribed by the commissioner of all sums collected and remitted under this article for the preceding month. The collecting officer shall retain 6 percent of the tax collected as compensation for said officer's services in collecting the tax. All such taxes shall be deemed to have been collected by the collecting officer in said officer's official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the collecting officer. In each county in which the collecting officer is on a salary, the 6 percent commission allowed by this Code section shall be paid into the county treasury and shall become county property. The long-term notes secured by real property upon which this tax is based shall not be placed upon the property tax digest prepared and

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maintained by the tax receiver. It is the intention of the General Assembly that the 6 percent commission permitted under this article for the collection and distribution of this tax by the collecting officer shall be the only compensation permitted to any collecting officer with respect to this tax. In counties having a population of more than 650,000, according to the United States decennial census of 2000 or any future such census, however, the commission allowed under this article as compensation to the collecting officer shall be 4 percent."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Rice of the 51st moved that the House disagree to the Senate substitute to HB 851.
The motion prevailed.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 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 Senate has passed by the requisite constitutional majority the following bill of the House:

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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.
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
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 Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
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.
Representative Shaw of the 176th moved that the House insist on its position in substituting SB 203.
The motion prevailed.

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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 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.
The following Senate substitute was read:
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 incarcerated or otherwise unable to exercise his or her discretion regarding a decision to permit grandparent visitation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for parent and child relationships generally, is amended by revising Code Section 19-7-3, relating to "grandparent" defined, original actions for visitation rights or intervention, revocation or amendment of visitation rights, appointment of guardian ad litem, mediation, and hearing, as follows:
"19-7-3. (a) As used in this Code section, the term 'grandparent' means the parent of a parent of a minor child, the parent of a minor child's parent who has died, and the parent of a minor child's parent whose parental rights have been terminated.
(b)(1) Except as otherwise provided in paragraph (2) of this subsection, any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation

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rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. (2) This subsection shall not authorize an original action where the parents of the minor child are not separated and the child is living with both of the parents. (c)(1) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any grandparent of the child reasonable visitation rights if the court finds the health or welfare of the child would be harmed unless such visitation is granted, and if the best interests of the child would be served by such visitation. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result where, prior to the original action or intervention:
(A) The minor child resided with the grandparent for six months or more; (B) The grandparent provided financial support for the basic needs of the child for at least one year; (C) There was an established pattern of regular visitation or child care by the grandparent with the child; or (D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted. The court shall make specific written findings of fact in support of its rulings. There shall be no presumption in favor of visitation by any grandparent. (2) An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian of the person, or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period. (3) While a parent's decision regarding grandparent visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide grandparent contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her grandparent or who is not provided some minimal opportunity for contact with his or her grandparent may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption. (4) In no case shall the granting of visitation rights to a grandparent interfere with a child's school or regularly scheduled extracurricular activities. Visitation time awarded to a grandparent shall not be less than 24 hours in any one-month period. (d) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may award the parent of the deceased, incapacitated, or incarcerated parent of such

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minor child reasonable visitation to such child during his or her minority if the court in its discretion finds that such visitation would be in the best interests of the child. The custodial parent's judgment as to the best interests of the child regarding visitation shall be given deference by the court but shall not be conclusive. (d)(e) If the court finds that the grandparent or grandparents can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning grandparent or grandparents, may:
(1) Appoint a guardian ad litem for the minor child; and (2) Assign the issue of visitation rights of a grandparent for mediation. (e)(f) In the event that the court does not order mediation or upon failure of the parties to reach an agreement through mediation, the court shall fix a time for the hearing of the issue of visitation rights of the grandparent or grandparents. (g) Whether or not visitation is awarded to a grandparent, the court may direct a custodial parent, by court order, to notify such grandparent of every performance of the minor child to which the public is admitted, including, but not limited to, musical concerts, graduations, recitals, and sporting events or games."

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

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

Representative Meadows of the 5th moved that the House agree to the Senate substitute to HB 1198.

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

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

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 Y Evans

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jasperse Y Jerguson

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
Pak Y Parent

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 E Stephens, M E Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D

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Y Bruce E 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 Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick E 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
Kidd Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

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 Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard
Williams, A Y Williams, C
Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 163, nays 0.

The motion prevailed.

Representative Williams of the 89th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 350 Do Pass

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

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

HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others:

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A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; 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 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by revising paragraph (1) of subsection (b) of Code Section 34-8-49, relating to wages, as follows:
"(1) For the purposes of Code Section 34-8-20 and Articles 5 and 6 of this chapter, except Code Sections 34-8-156 and 34-8-157, any remuneration paid in excess of taxable wages. For purposes of this chapter, 'taxable wages' means that portion of remuneration paid by an employer to each employee, subject to unemployment insurance contributions for each calendar year which does not exceed the following amounts:
(A) For the period January 1, 1976, through December 31, 1982 -- $6,000.00; (B) For the period January 1, 1983, through December 31, 1985 -- $7,000.00; (C) For the period January 1, 1986, through December 31, 1989 -- $7,500.00; and (D) For the period January 1, 1990, and thereafter through December 31, 2012 -- $8,500.00; and (E) January 1, 2013, and thereafter $9,500.00; provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered for purposes of this provision as having been paid by the successor employer;"

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SECTION 2. Said chapter is further amended by revising subparagraph (d)(4)(B) of Code Section 348-156, relating to the State-wide Reserve Ratio, as follows:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the State-wide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:

If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

1.5 percent

1.7 percent

25 percent

1.25 percent

1.5 percent

50 percent

0.75 percent

1.25 percent

75 percent

Under 0.75 percent

100 percent

provided, however, that for the periods of January 1 through December 31, 2004; January 1 through December 31, 2005; and January 1 through December 31, 2006,

the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event

the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent on the

computation date with respect to rates applicable to calendar year 2004, 2005, or

2006, then for each such year the Commissioner of Labor shall have the option of

imposing an increase in the overall rate of up to 35 percent, as of the computation

date, for each employer whose rate is computed under a rate table in Code Section

34-8-155; and provided, further, that for the periods of January 1 through December 31, 2007, January 1 through December 31, 2008, January 1 through December 31, 2009, January 1 through December 31, 2010, January 1 through December 31, 2011, and January 1 through December 31, 2012, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2007, 2008, 2009, 2010, 2011, or 2012, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; and provided, further, that for the period of January 1 through December 31, 2013, and for each calendar year period thereafter, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this

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subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2013 or any calendar year thereafter, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; provided, however, that if any funds borrowed by the Commissioner from the United States Treasury pursuant to Code Section 34-8-87 are unpaid or if the Unemployment Compensation Fund balance is less than $1 billion, then the Commissioner of Labor shall impose an increase in the overall rate of 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155."
SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 34-8-193, relating to determination of weekly benefit amount, as follows:
"(d)(1) Except as otherwise provided in this subsection, the maximum benefits payable to an individual in a benefit year shall be the lesser of: 26 times the weekly amount or
(A) Twelve times the weekly benefit amount, if this state's average unemployment rate is at or below 5.49 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 5.49 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent; or (B) one-fourth One-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (2) In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection and without restriction with respect to an individual's benefit year, for claims filed on or after January 1, 2010, weekly unemployment compensation shall be payable under this subsection to any individual who is unemployed, has exhausted all rights to regular unemployment compensation under the provisions of Article 7 of this chapter, and is enrolled and making satisfactory progress, as determined by the Commissioner, in a training program approved by the department, or in a job training program authorized under the Workforce Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other training allowances for nontraining costs. Each such training program approved by the department or job training program authorized under the Workforce Investment Act of 1998 shall prepare individuals who have been separated from a declining occupation, as designated by the department from time to time, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a high-

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demand occupation, as designated by the department from time to time. The amount of unemployment compensation payable under this subsection to an individual for a week of unemployment shall be equal to the individual's weekly benefit amount for the individual's most recent benefit year less deductible earnings, if any. The total amount of unemployment compensation payable under this subsection to any individual shall be equal to at least 26 12 times the individual's weekly benefit amount for the individual's most recent benefit year, if this state's average unemployment rate is at or below 5.49 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 5.49 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent. The provisions of subsection (d) of Code Section 34-8-195 shall apply to eligibility for benefits under this subsection. Except when the result would be inconsistent with other provisions of this subsection, all other provisions of Article 7 of this chapter shall apply to the administration of the provisions of this subsection. (3) As used in this subsection, the term 'state's average unemployment rate' means the average of the adjusted state-wide unemployment rates as published by the department for the time periods of April 1 through April 30 and October 1 through October 31. The average of the adjusted state-wide unemployment rates for the time period of April 1 through April 30 shall be effective on and after July 1 of each year and shall be effective through December 31. The average of the adjusted state-wide unemployment rates for the time period of October 1 through October 31 shall be effective on and after January 1 of each year and shall be effective through June 30."
SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 34-8-195, relating to determination of eligibility for unemployment benefits generally, eligibility while in training, and deductions and withholdings from compensation, as follows:
"(a) An unemployed individual shall be eligible to receive benefits for any week only if such unemployed individual shows to the satisfaction of the Commissioner that each of the following conditions has been met:
(1) The individual has made a claim, has been unemployed or employed less than full time during the regular work week, and has reported his or her deductible earnings in accordance with Code Section 34-8-190; (2) The individual has registered for work and has continued to report to an employment office as required by regulations prescribed by the Commissioner. The Commissioner may, by regulation, waive or alter either or both of the requirements of this paragraph for cases or situations in which the Commissioner finds that compliance with the requirements would be oppressive or inconsistent with the purposes of this chapter;
(3)(A) The individual is able to work, is available for work, is actively seeking work, and is bona fide in the labor market; provided, however, that no individual shall be considered available for work or receive benefits for any period that:

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(i) The individual is away from work on vacation or leave of absence at the individual's own request; (ii) The individual is away from work for a vacation period as provided in an employment contract or collective bargaining agreement; or (iii) The individual is away from work for a vacation period in the absence of an employment contract or collective bargaining agreement and such vacation period is either pursuant to:
(I) An established employer custom, practice, or policy as evidenced by the previous year or years; or (II) A vacation policy and practice established by the employer by an announcement, made at least 30 days before the beginning of the scheduled period, of a paid vacation plan applicable to the employees who meet the eligibility requirements of the plan. (B) In no event shall an employee be held unavailable for work or ineligible for benefits under divisions (ii) and (iii) of subparagraph (A) of this paragraph for any period of more than two weeks in any calendar year when such employee is not paid for such period directly or indirectly by the employer or from a fund to which the employer contributes. The usual eligibility requirements shall apply to individuals laid off due to lack of work or for a purported vacation not meeting the conditions set forth in subparagraph (A) of this paragraph; (4) The individual has participated in reemployment services, such as job search assistance services, if the individual was determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the Commissioner unless the Commissioner determines that: (A) Such individual has completed such reemployment services; or (B) There is justifiable cause for such individual's failure to participate in such reemployment services; (5) The individual is willing to work under the same general terms and conditions as existed since the beginning of the base period; and (6) The individual has been paid sufficient wages for insured work to qualify for a weekly benefit amount as provided in Code Section 34-8-193; and (7) The individual has served a required waiting period of one week during which no benefits shall be payable; provided, however, that not more than one week of a waiting period shall be required of any individual in any benefit year in order to establish the individual's eligibility for benefits. Such waiting period shall commence on the first day of the first week in which the individual first files a claim for benefits. This paragraph shall apply to any claims filed on or after July 1, 2012."
SECTION 5. In the event any section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconstitutional, the remaining portions of this Act shall automatically be repealed upon the entry of such declaration or adjudication and shall not remain of full force and effect after such

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declaration or adjudication. The General Assembly declares that it would not have enacted the remaining parts of this Act if it had known that such portion of this Act would be declared or adjudged invalid or unconstitutional.
SECTION 6. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall become effective on July 1, 2012.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Pruett of the 144th moved that the House disagree to the Senate substitute to HB 347.
The motion prevailed.
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.
The following Senate amendment was read:
The Senate offers the following amendment:
Amend the House substitute to SB 332 (LC 34 3500S) by adding after "General;" on line 8 the following: to amend Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, as enacted by Section 5-4 of HB 386 in the 2012 regular session of the General Assembly, relating to a local excise tax on energy used in manufacturing, to provide for certain procedures to be used to implement a local excise tax on energy; to provide for effective dates;
By adding between lines 65 and 66 the following:

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SECTION 4. Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, as enacted by Section 5-4 of HB 386 in the 2012 regular session of the General Assembly, relating to a local excise tax on energy used in manufacturing, is amended by revising Code Section 48-13-115, relating to the implementation of the excise tax, as follows:
"48-13-115. (a)(1) Within 30 days following the meeting required under Code Section 48-13-113, if the governing authority of the county within the special district fails or refuses to enter into an intergovernmental agreement with the governing authority of each municipality wishing to participate in such excise tax, then the governing authority of each municipality wishing to levy the excise tax shall be authorized to adopt an ordinance levying the excise tax within the corporate limits of such municipality. If a county elects not to participate in such excise tax by not signing such agreement, then the county shall not receive any proceeds from the excise tax. The proceeds of such excise tax shall be deposited in the general fund of each municipality. (2) If, subsequent to the levy of an excise tax by a municipality under paragraph (1) of this subsection, a county determines to commence proceedings for the imposition of the excise tax under this article, then proceedings for such imposition shall commence in the same manner as otherwise provided under Code Section 48-13-113. Except as to a municipality that levies a water and sewer projects and costs tax pursuant to Article 4 of Chapter 8 of this title, if a county complies with the requirements of this article and enacts an ordinance imposing the excise tax, the excise tax levied by such municipality shall cease on the day immediately prior to the day the new tax levied by the county commences. If such municipality elects not to participate, its current excise tax under this article shall terminate on the date the county's tax levy becomes effective, and it shall not receive any proceeds under the county levy. (b)(1) If a municipality located within a special district where the excise tax is imposed by the county is not participating in such excise tax and is not receiving proceeds of that excise tax, the governing authority of that nonparticipating municipality may give written notice to the governing authority of the county and the governing authority of each participating municipality within the special district of its decision to opt in to the existing intergovernmental agreement. Within 60 days of the date of such notice, an amended intergovernmental agreement shall be executed by the governing authority of the municipality exercising such opt in and the governing authorities of the county and each currently participating municipality. (2) Notwithstanding the provisions of paragraph (1) of subsection (a) of Code Section 48-13-116, when an amended intergovernmental agreement is executed pursuant to paragraph (1) of this subsection, the revised distribution of proceeds thereunder shall not become effective until the first day of the first month which is at least 12 months after the execution of such amended intergovernmental agreement. The distribution of proceeds of the excise tax shall continue under the prior intergovernmental agreement until the date provided for in this paragraph.

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(c) Any county that desires to have an excise tax under this article levied county wide within the special district commencing January 1, 2013, shall deliver the written notice pursuant to Code Section 48-13-113 no later than September 1, 2012."
SECTION 5. Said article is further amended by revising Code Section 48-13-116, as enacted by Section 5-4 of HB 386 in the 2012 regular session of the General Assembly, relating to procedures and limitations on the local excise tax on energy, as follows:
"48-13-116. (a)(1) Except as otherwise provided in Code Section 48-13-115, an excise tax imposed under this article shall become effective on the first day of the next succeeding month following adoption of the ordinance unless otherwise specified in the intergovernmental agreement required by subsection (a) of Code Section 48-13114, except that no such tax shall be imposed prior to January 1, 2013. (2) If services are regularly billed on a monthly basis, however, the excise tax shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in paragraph (1) of this subsection.
(b) The excise tax shall cease to be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption date of an ordinance terminating the excise tax. (c) At no time shall more than a single 2 percent excise tax under this article be imposed within a special district or a municipality, except that in the event a municipality levies a water and sewer projects and costs tax pursuant to Article 4 of Chapter 8 of this title, a single 3 percent excise tax may be imposed within such municipality. (d) Following the termination of an excise tax under this article, the governing authority of a county within a special district or the mayor or chief elected official of a municipality in the special district in which an excise tax authorized by this article is in effect may initiate proceedings for the reimposition of a tax under this article in the same manner as provided in this article for the initial imposition of such tax."
SECTION 6. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2012. (b) Sections 4 and 5 of this Act shall become effective on January 1, 2013.
By redesignating Section 4 on line 66 as Section 7.
Representative Stephens of the 164th moved that the House agree to the Senate amendment to the House substitute to SB 332.
On the motion, the roll call was ordered and the vote was as follows:

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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 Y Braddock Y Brockway Y Brooks Y Bruce E 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 N Collins Y Cooke
Coomer Y Cooper Y Crawford

Y Davis Dawkins-Haigler
Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs N Dollar Y Drenner N 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 E Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Harrell Y Hatchett N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse N Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby 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 Y Morris Y Mosby 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 N Powell, J Y Pruett Y Purcell
Ramsey Y Randall Y Reece Y Rice Y Riley Y Roberts N Rogers, C N Rogers, T Y Rynders Y Scott, M Y Scott, S

Setzler Y Shaw N Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L Y Smith, R N Smith, T Y Smyre N Spencer E Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T N Teasley Y Thomas 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 N Williamson Y Yates
Ralston, Speaker

On the motion the ayes were 143, nays 22.

The motion prevailed.

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.

Representative Hamilton of the 23rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 100. By Representatives Peake of the 137th, Williams of the 4th, Lindsey of the 54th, Knight of the 126th, Abrams of the 84th and others:

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A BILL to be entitled an Act to amend Titles 15, 9, 48, and 50 of the Official Code of Georgia Annotated, relating, respectively, to courts, civil practice, revenue and taxation, and state government, so as to create the Georgia Tax Court as a pilot project of limited duration under Article VI, Section I, Paragraph X of the Georgia Constitution; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to create the Georgia Tax Tribunal as an independent and autonomous division within the Office of State Administrative Hearings operating under the sole direction of a chief tribunal judge; to repeal provisions relating to the Department of Revenue holding hearings when demanded by aggrieved taxpayers; to correct cross-references; to provide for a short title; to provide for legislative findings; to provide for the appointment, terms of office, designation, and removal of judges; to provide for the qualification, oath of office, and prohibition against other employment of judges; to provide for the principal office, locations, and facilities of the tax tribunal; to provide for the appointment of staff and expenditures of the tax tribunal; to provide for the jurisdiction of the tax tribunal; to provide for the commencement of cases, pleadings, and service of pleadings; to provide a stay of enforcement and collection action; to provide for filing and other fees; to provide procedures for hearings and decisions of the tax tribunal; to establish and provide the jurisdiction and procedures for a small claims division of the tax tribunal; to provide for appeals from tax tribunal decisions; to provide for representation in the tax tribunal; to provide for service; to authorize the tax tribunal to promulgate rules of practice and procedure and forms; to provide for powers, duties, and authority of the tax tribunal and the small claims division; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for effective dates; to provide for dual applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (c) of Code Section 48-2-18, relating to State Board of Equalization, as follows:
"(c) As chairman chairperson and chief administrative officer of the board, the commissioner shall furnish to the board all necessary records and files and in this capacity may compel the attendance of witnesses and the production of books and

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records or other documents as he the commissioner is empowered to do in the administration of the tax laws. After final approval by the State Board of Equalization of the digest of proposed assessments made by the commissioner and after any adjustments by the board as authorized by this Code section are made, the commissioner shall notify within 30 days each taxpayer in writing of the proposed assessment of its property. At the same time, the commissioner shall notify in writing the board of tax assessors of such county, as outlined in Code Section 48-5-511, of the total proposed assessment of the property located within the county of taxpayers who are required to return their property to the commission commissioner. If any such taxpayer notifies the commissioner and the board of tax assessors in any such county of its intent to dispute a portion of the proposed assessment within 20 days after receipt of the notice, the county board of tax assessors shall include in the county digest only the undisputed amount of the assessment, and the taxpayer may challenge the commissioner's proposed assessment in an appeal filed in the Superior Court of Fulton County or with the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 within 30 days of receipt of the notice. In any such appeal to the superior court, the taxpayer shall have the right of discovery as provided in Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' In any such appeal to the Georgia Tax Tribunal, discovery shall be as provided in Chapter 13A of Title 50, the 'Georgia Tax Tribunal Act of 2012.' Upon conclusion of the appeal, the taxpayer shall remit to the appropriate counties any additional taxes owed, with interest at the rate provided by law for judgments. Such interest shall accrue from the date the taxes would have been due absent the appeal to the date the additional taxes are remitted."
SECTION 2. Said title is further amended by revising paragraph (4) of subsection (c) of Code Section 48-2-35, relating to refunds, as follows:
"(4) Any taxpayer whose claim for refund is denied by the commissioner or the commissioner's delegate or whose claim is not decided by the commissioner or the commissioner's delegate within one year from the date of filing the claim shall have the right to bring an action for a refund in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or in the superior court of the county of the residence of the taxpayer, except that:
(A) If the taxpayer is a public utility or a nonresident, the taxpayer shall have the right to bring an action for a refund in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or in the superior court of the county in which is located the taxpayer's principal place of doing business in this state or in which the taxpayer's chief or highest corporate officer or employee resident in this state maintains an office; or (B) If the taxpayer is a nonresident individual or foreign corporation having no place of doing business and no officer or employee resident and maintaining an office in this state, the taxpayer shall have the right to bring an action for a refund in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or in the

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Superior Court of Fulton County or in the superior court of the county in which the commissioner in office at the time the action is filed resides."
SECTION 3. Said title is further amended by revising paragraph (3) of subsection (c) of Code Section 48-2-36, relating to actions for which the commissioner may grant extensions of time, as follows:
"(3) Filing a petition with the superior court, the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50, or the office of state administrative hearings as allowed under the laws of this state;"
SECTION 4. Said title is further amended by revising subsection (a) of Code Section 48-2-50, relating to review of assessments, as follows:
"(a) The commissioner's assessments shall not be reviewed except by the procedure provided in this chapter or Chapter 13A of Title 50. No trial court shall have jurisdiction of proceedings to question the assessments, except as provided in this chapter or Chapter 13A of Title 50."
SECTION 5. Said title is further amended by revising Code Section 48-2-59, relating to appeals, payment of taxes admittedly owed, bonds, and costs, as follows:
"48-2-59. (a) Except with respect to claims for refunds, either party may appeal from any order, ruling, or finding of the commissioner to the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or the superior court of the county of the residence of the taxpayer, except that:
(1) If the taxpayer is a public utility or nonresident, the appeal of either party shall be to the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or the superior court of the county in which is located the taxpayer's principal place of doing business or in which the taxpayer's chief or highest corporate officer residing in this state maintains his such officer's office; or (2) If the taxpayer is a nonresident individual or a foreign corporation having no place of doing business and no officer or employee residing and maintaining his such officer's office in this state, the taxpayer shall have the right to appeal to the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or the Superior Court of Fulton County or to the superior court of the county in which the commissioner in office at the time the action is filed resides. (b) The appeal and necessary records shall be certified by the commissioner and shall be filed with the clerk of taxpayer shall commence an appeal by filing a petition with the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or the superior court within 30 days from the date of decision by the commissioner. The procedure provided by law for applying for and granting appeals from the probate court to the

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superior court shall apply as far as suitable to the appeal authorized by this Code section, except that the appeal authorized by this Code section may be filed within 30 days from the date of decision by the commissioner. (c) Before the superior court shall have jurisdiction to entertain an appeal filed by any aggrieved taxpayer, the taxpayer shall file with the clerk of the superior court a written statement whereby the taxpayer agrees to pay on the date or dates the taxes become due all taxes for which the taxpayer has admitted liability. Additionally, the taxpayer shall file with the clerk of the superior court within 30 days from the date of decision by the commissioner, except where when the value of the appellant's title or interest in real property owned in this state is in excess of the amount of the tax in dispute, a surety bond or other security in an amount satisfactory to the clerk, conditioned to pay any tax over and above that for which the taxpayer has admitted liability and which is found to be due by a final judgment of the court, together with interest and costs. It shall be ground for dismissal of the appeal if the taxpayer fails to pay all taxes admittedly owed upon the due date or dates as provided by law. This subsection shall not apply to appeals filed with the Georgia Tax Tribunal as provided in Chapter 13A of Title 50.
(d)(1) If the final judgment of the court places upon the taxpayer any tax liability which has not already been paid and if the tax or any part of the tax has:
(A) Not become due on the date of the final judgment of the court, then the taxpayer shall pay the amount of the unpaid tax liability on the due date or dates as provided by law; or (B) Already become due at the time of final judgment of the court, the taxpayer shall immediately pay the tax or as much of the tax as has already become due, with interest. (2) In the event the final judgment of the court is adverse to the taxpayer, he the taxpayer shall pay the court costs regardless of whether the tax or any part of the tax has or has not become due at the time of the final judgment of the court. (3) This subsection shall not apply to appeals filed with the Georgia Tax Tribunal as provided in Chapter 13A of Title 50."
SECTION 6. Said title is further amended by revising Code Section 48-3-1, relating to tax executions, as follows:
"48-3-1. The commissioner may issue an execution for the collection of any tax, fee, license, penalty, interest, or collection costs due the state. The execution shall be directed to all and singular sheriffs of this state or to the commissioner or his the commissioner's authorized representatives and shall command them to levy upon the goods, chattels, lands, and tenements of the taxpayer, provided that the commissioner may transmit such executions electronically. Each sheriff shall execute the execution as in cases of writs of execution from the superior courts. Whenever any writ of execution has been issued by the commissioner, the taxpayer, in order to obtain a determination of whether the tax is legally due, may tender to the levying officer his such taxpayer's affidavit of

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illegality to the execution and, upon his such taxpayer's payment of the tax if required as a condition precedent by the law levying the tax or upon his such taxpayer's giving a good and solvent bond in such an amount to cover the total of any adverse judgment plus costs where when the law does not require the payment of the tax as a condition precedent, the levying officer shall return the affidavit of illegality, except as otherwise provided by law, to the superior court of the county of the taxpayer's residence. The affidavit of illegality shall be summarily heard and determined by the court. Whenever any writ of execution has been issued by the commissioner for the collection of any tax, or any penalty, interest, or collection costs imposed with respect to any tax, the taxpayer may file a petition in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 to obtain a determination of whether any such amounts are legally due."
SECTION 7. Said title is further amended by revising subsection (b) of Code Section 48-5-519, relating to property tax returns filed by railroad equipment companies, as follows:
"(b) The returns shall be made to the commissioner by the chief executive officer in charge of the cars in this state. The final assessment of the property of railroad equipment companies shall be fixed in the same manner as the proposed assessments of property of public utilities under this article and Code Section 48-2-18, except that with respect to railroad equipment companies, such assessment shall be final rather than proposed. By following the procedure set forth in subsection (c) of Code Section 48-218 for appeals of proposed assessments of public utility property, any Any railroad equipment company may bring in the Superior Court of Fulton County or in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 a de novo action of the final assessment so fixed."
SECTION 8. Said title is further amended by revising subsection (b) of Code Section 48-6-7, relating to refunds of real estate transfer taxes, as follows:
"(b)(1) A taxpayer whose claim for a refund is denied by the commissioner or his the commissioner's delegate or with respect to whose claim no decision is rendered by the commissioner or his the commissioner's delegate within one year from the date of filing the claim shall have the right to bring an action for a refund in the superior court of the county where the disputed tax was originally collected or in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50. The taxpayer shall bring the action for refund against the clerk of superior court of the county which collected the disputed tax. The commissioner in his the commissioner's official capacity shall be made a party defendant to the action in order that the interests of the state may be represented in the action. The Attorney General shall represent both defendants in the action. If it is determined in the action that an amount claimed by the taxpayer was erroneously or illegally collected, the taxpayer shall be entitled to judgment against the defendant clerk of the superior court in his the clerk's official capacity for the amount erroneously or illegally collected, without interest to the date of judgment.

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(2) No action for refund shall be brought after the expiration of 60 days from the date of denial of the taxpayer's claim for refund by the commissioner. (3) For the purposes of this Code section, a failure by the commissioner to grant or deny the taxpayer's claim for refund within the one-year period shall constitute a constructive denial of the claim."
SECTION 9. Said title is further amended by revising paragraph (1) of subsection (e) of Code Section 48-6-76, relating to refunds of intangible recording taxes, as follows:
"(e)(1) Any taxpayer whose claim for refund is denied entirely or in part by the commissioner or with respect to whose claim no decision is rendered by the commissioner within 30 days from the date of filing the claim shall have the right to bring an action for refund of the amount so claimed and not approved against the collecting officer or said officer's successor who collected the amount, in said officer's official capacity, in the superior court of the county whose official collected the amount or in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50."
SECTION 10. Said title is further amended by revising subparagraph (d)(2)(C) of Code Section 48-7-31, relating to allocation and apportionment of corporate income, as follows:
"(C) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition the commissioner for, or the commissioner may by regulation require, with respect to all or any part of the taxpayer's business activity, if reasonable:
(i) Separate accounting; (ii) The exclusion of any one or more of the factors; (iii) The inclusion of one or more additional factors that will fairly represent the taxpayer's business activity within this state; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income. The denial of a petition under this subparagraph shall be appealable pursuant to either Code Section 48-2-59 or 50-13-12. Such an appeal shall be filed within 30 days of the date of the commissioner's notice of denial;"
SECTION 11. Said title is further amended by revising subsection (b) of Code Section 48-7-165, relating to hearing procedure and adjustments of incorrect debts, as follows:
"(b) The hearing established by subsection (a) of this Code section shall be in lieu of a hearing before the department pursuant to Code Section 50-13-12; and the department shall not grant a hearing to determine the validity of the debt or the propriety of the setoff."

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SECTION 12. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by repealing Code Section 50-13-12, relating to Department of Revenue hearings for aggrieved taxpayers and election of remedies, and designating said Code section as reserved.
SECTION 13. Said title is further amended by revising subsection (c) of Code Section 50-13-13, relating to hearings in contested cases, as follows:
"(c) Except in cases in which a hearing has been demanded under Code Section 50-1312, subsection Subsection (a) of this Code section and the other provisions of this chapter concerning contested cases shall not apply to any case arising in the administration of the revenue laws, which case is subject to a subsequent de novo trial of the law and the facts in the superior court or in the Georgia Tax Tribunal in accordance with Chapter 13A of this title."
SECTION 14. Said title is further amended by adding a new subsection to Code Section 50-13-42, relating to applicability, to read as follows:
"(c) This article shall not apply with respect to any matter as to which an aggrieved party is permitted to file a petition with the Georgia Tax Tribunal in accordance with Chapter 13A of this title."
SECTION 15. Said title is further amended by adding a new chapter to read as follows:
"CHAPTER 13A
50-13A-1. This chapter shall be known and may be cited as the 'Georgia Tax Tribunal Act of 2012.'
50-13A-2. The General Assembly finds that there is a need for an independent specialized agency separate and apart from the Department of Revenue to resolve disputes between the department and taxpayers in an efficient and cost-effective manner. Such an agency would:
(1) Improve the utilization of judicial resources by resolving tax cases in a more streamlined and efficient manner; (2) Increase the uniformity of decision making in tax cases; (3) Improve the equal access of all parties to court process; and (4) Increase public confidence in the fairness of the state tax system.

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50-13A-3. Except where the context may otherwise clearly require, all terms used in this chapter shall have the meaning given such term by Code Section 48-1-2. As used in this chapter, the term 'tribunal' means the Georgia Tax Tribunal established by Code Section 50-13A-4 which shall be an independent and autonomous division within the Office of State Administrative Hearings operating under the sole direction of the chief tribunal judge.
50-13A-4. (a) There is created within the executive branch of government the Georgia Tax Tribunal. The tribunal shall be assigned for administrative purposes only, as provided in Code Section 50-4-3, to the Department of Administrative Services and shall be funded through appropriations by the General Assembly to the Department of Administrative Services. (b) The tribunal shall have a seal engraved with the words 'Georgia Tax Tribunal.' The tribunal shall authenticate all of its orders, records, and proceedings with the seal, and the courts of this state shall take judicial notice of the seal.
50-13A-5. (a) The tribunal shall consist of at least one full-time administrative law judge. If the tribunal has more than one judge, each shall exercise the powers of the tribunal in all matters, causes, or proceedings assigned to him or her. (b) Initial tribunal judges shall be appointed by the Governor. If, initially, the tribunal has only one judge, that individual shall be appointed for a term of four years and shall be the chief tribunal judge; provided, however, that if, initially, the tribunal has more than one judge, then one judge shall be appointed for an initial term of four years and one judge shall be appointed as chief tribunal judge for an initial term of six years to ensure that the judges' initial terms do not expire in the same year. Once appointed, each initial tribunal judge shall continue in office until his or her term expires and a successor has been appointed and confirmed. Initial tribunal judges may be reappointed for successive terms, provided that each successive term shall be for four years. (c) After initial appointments are made pursuant to subsection (b) of this Code section, all appointments and reappointments of the chief tribunal judge and other tribunal judges shall be made by the Governor, with the consent of the Senate, for terms of four years. Once appointed and confirmed, each such tribunal judge shall continue in office until his or her term expires and a successor has been appointed and confirmed. A tribunal judge may be reappointed for successive terms. (d) Each tribunal judge shall receive an annual salary no less than that of the chief administrative law judge of the Office of State Administrative Hearings; provided, however, that the tribunal judge's total salary shall not be reduced during such judge's term of appointment.

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(e) A vacancy in the tribunal occurring other than by expiration of term shall be filled for the unexpired term in the same manner as an original appointment. (f) The executive of the tribunal shall be the chief tribunal judge who shall have sole charge of the administration of the tribunal, including, but not limited to, the preparation of a budget and matters involving employment and expenditures as set forth in Code Section 50-13A-8, and shall apportion among the judges all causes, matters, and proceedings coming before the tribunal. (g) With the consent of the Senate, the Governor may remove a tribunal judge, after notice and an opportunity to be heard, for neglect of duty, inability to perform duties, malfeasance in office, or other good cause. (h) Whenever the tribunal trial docket or business becomes congested or any tribunal judge is absent, is disqualified, or for any other reason is unable to perform his or her duties as tribunal judge, and it appears to the Governor that the services of an additional tribunal judge or judges should be provided, the Governor may, without obtaining the approval of the Senate, appoint a judge, or judges, pro tempore of the tribunal. Any person appointed judge pro tempore of the tribunal shall have the qualifications set forth in subsections (a) and (b) of Code Section 50-13A-6 and shall serve for a period not to exceed 12 months. (i) A tribunal judge may disqualify himself or herself on his or her own motion in any matter and may be disqualified for any cause listed in Code Section 15-1-8.
50-13A-6. (a) Each judge of the tribunal shall be a citizen of the United States and, during the period of service, a resident of this state. No person shall be appointed as a tribunal judge unless at the time of appointment the individual is an attorney licensed to practice in this state and has practiced primarily in the area of tax law for at least eight years. (b) Before entering upon the duties of office, each tribunal judge shall take and subscribe to an oath or affirmation that he or she shall faithfully discharge the duties of the office, and such oath shall be filed in the office of the Secretary of State. (c) Each tribunal judge shall devote his or her full time during business hours to the duties of the tribunal. A tribunal judge shall not engage in any other gainful employment or business that interferes with or is inconsistent with his or her duties as a judge and shall not hold another office or position of profit in a government of this state, any other state, or the United States. (d) If a tribunal judge does not have a full docket of tax cases, the chief tribunal judge may, acting in his or her sole discretion, petition the chief administrative law judge of the Office of State Administrative Hearings to allow such tribunal judge to hear and resolve nontax cases pending before the Office of State Administrative Hearings. The chief tribunal judge, the chief administrative law judge of the Office of State Administrative Hearings, and the tribunal judge in question shall mutually agree upon the number and types of such cases, taking into account the particular judge's background and qualifications.

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50-13A-7. (a) The tribunal's principal location shall be located in Fulton County, Georgia, and in a building that is separate and apart from any building in which the commissioner has an office. (b) The tribunal may, but shall not be required to, conduct hearings at its principal location in Fulton County. The tribunal may also hold hearings at any place within this state, with a view toward securing to taxpayers a reasonable opportunity to appear before the tribunal with as little inconvenience and expense as practicable. When the tribunal holds hearings outside of its principal location, it shall do so in a place that is physically separate from facilities regularly occupied by the commissioner.
50-13A-8. (a) The chief tribunal judge shall appoint a clerk of the tribunal, a court reporter, and such other employees, including staff attorneys and clerical assistants, and make such other expenditures, including expenditures for library, publications, and equipment, as are reasonably necessary to permit the tribunal to execute its functions efficiently; provided, however, that the chief tribunal judge shall endeavor to utilize staff employed by the Office of State Administrative Hearings and shall consult with the chief state administrative law judge so as to best utilize staff positions to best serve both the tribunal and the Office of State Administrative Hearings. (b) A tribunal court reporter shall be subject to the provisions of Code Sections 15-1420 through 15-14-36 as if appointed by a judge of a superior court, except when such provisions are in conflict with this chapter. (c) No employee of the tribunal shall act as attorney, representative, or accountant for others in a matter involving any tax imposed or levied by this state or county or municipality of this state. (d) In addition to contracting the services of the tribunal court reporter, the chief tribunal judge may contract the reporting of tribunal proceedings and, in the contract, fix the terms and conditions under which transcripts shall be supplied by the contractor to the tribunal and to other persons and agencies.
50-13A-9. (a) On and after January 1, 2013, any person may petition the tribunal for relief as set forth in Code Sections 48-2-18, 48-2-35, 48-2-59, 48-3-1, 48-5-519, 48-6-7, and 48-676 and subparagraph (d)(2)(C) of Code Section 48-7-31. The tribunal shall have jurisdiction over actions for declaratory judgment that fall within subsection (a) of Code Section 50-13-10 and involve a rule of the commissioner that is applicable to taxes administered by the commissioner under Title 48. (b) The tribunal shall have concurrent jurisdiction with the superior courts over those matters set forth in subsection (a) of this Code section. (c) The tribunal shall not have jurisdiction to hear any matter arising under Title 3 or Title 40.

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(d) No person shall be required as a condition either to initiating or maintaining an action before the tribunal to provide a surety bond or other security for any amounts that may be in dispute in such action. Nothing contained in this chapter shall be construed to prohibit the commissioner from requiring a bond under those circumstances set forth in Code Section 48-2-51.
50-13A-10. (a) Actions may be commenced before the tribunal on and after January 1, 2013. Actions before the tribunal shall be commenced by filing a petition with the tribunal, naming the commissioner as respondent in his or her official capacity, within the time periods prescribed by Code Section 48-2-18, 48-2-35, 48-2-59, 48-6-7, or 48-6-76 or subparagraph (d)(2)(C) of Code Section 48-7-31, as the case may be, or as otherwise provided by law. The petitioner shall serve a copy of the petition on the commissioner and the Attorney General and attach a certificate of service to the petition filed with the tribunal. In the case of a refund action pursuant to Code Section 48-6-7 or 48-6-76, the petition also shall be served on the clerk of the superior court or collecting officer who is made a party to the action. Service shall be accomplished by certified mail or statutory overnight delivery. The petition shall include a summary statement of facts and law upon which the petitioner relies in seeking the requested relief. (b) The commissioner and any other respondents shall file a response to petitioner's statement of facts and law which constitutes his or her answer with the tribunal no later than 30 days after the service of the petition. The commissioner and any other respondents shall serve a copy of their response on the petitioner's representative or, if the petitioner is not represented, on the petitioner, and shall file a certificate of such service with the response. If in any case a response has not been filed within the time required by this subsection, the case shall automatically become in default unless the time for filing the response has been extended by agreement of the parties, for a period not to exceed 30 days, or by the judge of the tribunal. The default may be opened as a matter of right by the filing of a response within 15 days of the day of default and payment of costs. At any time before final judgment, the judge of the tribunal, in his or her discretion, may allow the default to be opened for providential cause that prevented the filing of the response or for excusable neglect or when the tribunal judge, from all the facts, determines that a proper case has been made for the default to be opened on terms to be fixed by the tribunal judge. (c) Pleadings and proceedings before the tribunal shall be subject to the amendment and supplementation provisions of Code Section 9-11-15. (d) Code Section 50-13A-18 shall apply to service of pleadings and documents. (e) As soon as reasonably practicable, the tribunal judge shall schedule a prehearing conference to address discovery, scheduling, and other matters. (f) The tribunal judge may remand a matter in dispute to the commissioner for further consideration upon motion by all parties to the proceeding, for good cause shown on the motion of any party, or sua sponte when the tribunal judge reasonably determines that circumstances warrant. Any such remand shall not divest the tribunal of

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jurisdiction, and the tribunal judge's order shall provide that any party, upon appropriate advance notice to all other parties, shall be entitled to have such matter returned to the tribunal for resolution. (g) Contested cases pending before the Office of State Administrative Hearings on and before December 31, 2012, and cases when the taxpayer made a written demand for a hearing pursuant to Code Section 50-13-12 before January 1, 2013, shall not be transferred to the tribunal. If, on and after January 1, 2013, a written petition for relief or a demand for hearing is filed with the commissioner or by the affected party directly with the Office of State Administrative Hearings in a matter falling within the tribunal's jurisdiction under subsection (a) of Code Section 50-13A-9, such matter shall be transferred to the tribunal, and the remaining provisions of this chapter shall be applicable.
50-13A-11. (a) Except as provided for in Code Section 48-2-51, involving jeopardy assessments, the filing of a petition with the tribunal shall operate as a stay of any enforcement or collection action by the commissioner with respect to any tax, penalty, interest, or any collection costs that are disputed in the petition until the tribunal decision is finalized, including appeals to the superior court pursuant to Code Section 50-13A-17 or to any appellate court. (b) Upon petition by the commissioner, and for good cause shown, the tribunal judge may lift the stay provided for in subsection (a) of this Code section.
50-13A-12. (a) Upon filing a petition, the petitioner shall pay to the clerk of the tribunal a fee as determined by the rules established by the tribunal. (b) A similar fee shall be paid by other parties making an appearance in the proceeding, except that no fee shall be charged to a government body or government official appearing in a representative capacity. (c) The chief tribunal judge may fix a fee, not in excess of the fees charged and collected by the clerks of the superior courts of this state, for compiling, or for preparing and compiling, a transcript of the record, or for copying any record, entry, or other paper and the compilation and certification thereof.
50-13A-13. (a) The provisions of Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' governing discovery and depositions shall apply to proceedings before the tribunal; provided, however, that the parties to a proceeding shall make every effort to conduct discovery by informal consultation or communication. Upon motion of a party, the frequency or extent of formal discovery methods may be limited by the tribunal if it determines that the discovery is unduly burdensome or expensive when taking into account the amount in controversy, limitations on the parties' resources, and the importance of the issues at stake in the litigation.

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(b) The chief tribunal judge shall, by rules and regulations or by order in a particular proceeding, prescribe the period during which any discovery shall be commenced and completed. After the period for completing discovery has expired, or earlier as the parties may agree, the parties to a proceeding shall stipulate all relevant and nonprivileged matters to the fullest extent to which complete or qualified agreement can be reached or fairly should be reached. Neither the existence nor the use of the discovery mechanisms authorized by this Code section shall excuse failure to comply with this provision.
(c)(1) A party shall disclose to other parties at a reasonable time prior to the hearing the identity of any person who may be called at trial to present expert testimony. (2) Except as otherwise stipulated or directed by the tribunal judge, expert witness disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report prepared and signed by the witness if one has been prepared or will be offered at the hearing. (d) A judge or the clerk of the tribunal, on the request of any party to the proceeding, shall issue subpoenas requiring the attendance of witnesses and giving of testimony and subpoenas requiring the production of evidence or things. (e) Any employee of the tribunal designated in writing for such purpose by a tribunal judge, or by the chief tribunal judge if more than one judge has been appointed, may administer oaths. (f) Any witness who is subpoenaed or whose deposition is taken shall receive the same fees and mileage as a witness in a superior court of this state. (g) In proceedings before the tribunal, if any party or an agent or employee of a party disobeys or resists any lawful order of process; neglects to produce, after having been ordered to do so, any pertinent book, paper, or document; refuses to appear after having been subpoenaed; upon appearing, refuses to take the oath or affirmation as a witness; or, after taking the oath or affirmation, refuses to testify, the tribunal judge shall have the same rights and powers given any other court under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' If any person or party refuses as specified in this subsection, the tribunal judge may certify the facts to the superior court of the county where the offense is committed for appropriate action, including a finding of contempt.
50-13A-14. (a) Trials in proceedings before the tribunal shall be de novo and without a jury. Hearings shall be open to the public, but on motion of any party, if such party shows good cause to protect certain information from being disclosed to the public, the tribunal judge may issue a protective order or an order closing part or all of a hearing to the public. (b) The tribunal shall take evidence, and the tribunal judges shall conduct hearings and issue final judgments and interlocutory orders.

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(c) The tribunal judges shall apply the rules of evidence as applied in the trial of civil nonjury cases in the superior courts; provided, however, that for hearings conducted in the small claims division, the tribunal judge may, when necessary to ascertain facts not reasonably susceptible of proof under such rules, consider evidence not otherwise admissible thereunder if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. (d) Testimony before a tribunal judge shall be given only on oath or affirmation. (e) The petition and other pleadings in the proceeding shall be deemed to conform to the proof presented at the hearing, unless a party satisfies the tribunal judge that presentation of the evidence would unfairly prejudice the party in maintaining its position on the merits or unless deeming the taxpayer's petition to conform to the proof would confer jurisdiction on the tribunal over a matter that would not otherwise come within the tribunal's jurisdiction. (f) Except for hearings conducted in the small claims division of the tribunal as provided in Code Section 50-13A-16, all hearings before the tribunal shall be recorded by means acceptable for use in courts of this state.
50-13A-15. (a) Except with regard to proceedings in the small claims division of the tribunal pursuant to Code Section 50-13A-16, the tribunal judge shall render all final judgments and interlocutory orders in writing, as appropriate, including therein a concise statement of the facts found and the conclusions of law reached. The tribunal judge's final judgment or interlocutory order shall, subject to law, grant such relief, invoke such remedies, and issue such orders as the tribunal judge deems appropriate to carry out its final judgment or interlocutory order. (b) The chief tribunal judge shall adopt rules and regulations to address confidentiality of taxpayer information and proceedings before the tribunal. (c) The tribunal judges shall adhere to the principle of stare decisis. The tribunal judge's interpretation of a tax statute subject to contest in one case shall be followed by the tribunal in subsequent cases involving the same statute, and its application of a statute to the facts of one case shall be followed by tribunal judges in subsequent cases involving similar facts, unless the tribunal judge's interpretation or application conflicts with that of an appellate court or the tribunal judge provides satisfactory reasons for departing from prior precedent. (d) Except as to a final judgment of the small claims division, all other final judgments of the tribunal shall be indexed and published in such print or electronic form as the chief tribunal judge deems best adapted for public convenience. Such publications shall be made permanently available and constitute the official reports of the tribunal.
50-13A-16. (a) There is hereby established a small claims division of the tribunal. (b) Judges of the tribunal shall sit as the judges of the small claims division.

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(c) Within 90 days of filing a petition pursuant to the Code Section 50-13A-9, a taxpayer may elect to have the small claims division have jurisdiction over any proceeding with respect to which the amount of tax and penalties in controversy, exclusive of interest, is less than a threshold amount determined by the rules of the tribunal. A taxpayer may not revoke such election to proceed in the small claims division after this 90 day period. For good cause, the tribunal judge may, on his or her own motion or on the motion of a party to the case, remove a case from the small claims division. (d) In proceedings before the small claims division of the tribunal, accountants and other tax return preparers designated by the taxpayer shall be permitted to accompany and appear with the taxpayer in order to provide factual information regarding positions taken on tax returns of the taxpayer. An accountant or tax return preparer accompanying and appearing with a taxpayer for this purpose shall not be deemed to be acting as an advocate of the taxpayer or representing the taxpayer before the tribunal. (e) At any time prior to entry of judgment, a taxpayer may dismiss a proceeding in the small claims division by notifying the clerk of the tribunal in writing. Such dismissal shall be without prejudice. (f) Hearings in the small claims division shall be conducted in a manner consistent with proceedings before magistrate courts, as specified in Article 3 of Chapter 10 of Title 15. The tribunal judge may receive such evidence as the judge deems appropriate for determination of the case. Testimony shall be given under oath or affirmation. (g) A judgment of the small claims division shall be conclusive upon all parties and may not be appealed. A judgment of the small claims division shall not be considered or cited as precedent in any other case, hearing, or proceeding.
50-13A-17. (a) As used in this Code section, the term 'reviewing court' means the Superior Court of Fulton County. (b) Any party may appeal a final judgment of the tribunal, except for judgments of the small claims division, to the reviewing court. Proceedings for judicial review shall be instituted by filing a petition with the reviewing court within 30 days after the service of the tribunal's final judgment or, if a rehearing is requested, within 30 days after the decision thereon. Copies of the petition for judicial review shall be served upon the tribunal and all parties of record. The petition shall state the nature of the petitioner's interest, the fact showing that the petitioner is aggrieved by the judgment, and the grounds as specified in subsection (g) of this Code section upon which the petitioner contends that the judgment should be reversed or modified. The petition for judicial review may be amended by leave of the reviewing court. (c) Notwithstanding any provisions of law or tribunal rule with respect to motions for rehearing or reconsideration after a final tribunal judgment or interlocutory order, the filing of such a motion shall not be a prerequisite to the filing of any action for judicial review or relief; provided, however, that no objection to any order or judgment of the

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tribunal shall be considered by the reviewing court upon petition for review unless such objection has been heard by the tribunal. (d) Within 30 days after the service of the petition for judicial review or within further time allowed by the reviewing court, the tribunal 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 proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the reviewing court for the additional costs. The reviewing court may require or permit subsequent corrections or additions to the record. (e) If, before the date set for hearing in the reviewing court, application is made to the reviewing court for leave to present additional evidence and it is shown to the satisfaction of the reviewing court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the tribunal, the reviewing court may order that the additional evidence be taken before the tribunal upon conditions determined by the reviewing court. A tribunal judge may modify his or her findings and judgment by reason of the additional evidence and shall file that evidence and any modifications, new findings, or judgments with the reviewing court. (f) The hearing or a petition for judicial review shall be conducted by the reviewing court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the tribunal not shown in the record, proof thereon may be taken in the reviewing court. The reviewing court, upon request, shall hear oral argument and receive written briefs. The reviewing court shall affirm, reverse, or modify the tribunal's judgment or remand the case for further proceedings within 90 days of the filing of the last such written brief. (g) The reviewing court shall not substitute its judgment for that of the tribunal's as to the weight of the evidence on questions of fact. The reviewing court may affirm the tribunal's judgment or remand the case for further proceedings. The reviewing court may reverse or modify the judgment if substantial rights of the petitioner have been prejudiced because the tribunal judge's findings, inferences, conclusions, or judgments are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the tribunal; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (h) An aggrieved party may seek a review of any final judgment of the reviewing court by the Court of Appeals or the Supreme Court, as provided by law.

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50-13A-18. (a) An initial petition shall be served by certified mail or statutory overnight delivery and any other pleading, motion, response, statement, or document permitted or required to be served shall be served by first-class mail or hand delivery. (b) Any pleading, motion, response, statement, or document required by law, rule, or regulation to be received by or filed with the tribunal pursuant to the requirements of this chapter shall be deemed to be received by or filed with the tribunal on the earlier of:
(1) The date such pleading, motion, response, statement, or document is actually received by the tribunal; (2) The official postmark date such pleading, motion, response, statement, or document was mailed, properly addressed with postage prepaid, by registered or certified mail; or (3) The date on which such pleading, motion, response, statement, or document was delivered to a commercial delivery company for statutory overnight delivery as provided in Code Section 9-10-12 as evidenced by the receipt provided by the commercial delivery company. (c) Mailing or delivery to the address of the taxpayer given on the taxpayer's petition or to the address of the taxpayer's representative of record, if any, or to the usual place of business of the commissioner, and, when applicable, of the clerk of superior court or collecting official who is made a party to the action shall constitute personal service on such party. The chief tribunal judge may by rule prescribe that notice by other means shall constitute personal service and may in a particular case order that notice be given to additional persons or order that notice be given by other means.
50-13A-19. The tribunal shall adopt rules of practice and procedure and adopt all reasonable rules and forms as may be necessary or appropriate to carry out the intent and purposes of this chapter.
50-13A-20. (a) For purposes of the language contained in the Code sections referenced in subsection (b) of this Code section, the term 'agency' shall include the tribunal. (b) Only the following provisions of Article 1 of Chapter 13 of this title shall apply to the tribunal and its administration:
(1) Code Section 50-13-3, except for paragraph (4) of subsection (a); (2) Code Section 50-13-4, except for paragraphs (3) and (4) of subsection (a) and subsections (b), (g), (h), and (i); (3) Code Section 50-13-6, except for paragraph (2) of subsection (c); (4) Code Section 50-13-7; (5) Code Section 50-13-8; and (6) Code Section 50-13-10."

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SECTION 16. (a) Except as provided in subsection (b) of this section, this section, Section 15, and Section 17 of this Act shall become effective on July 1, 2012, and shall be applicable to all proceedings commenced on or after January 1, 2013. (b) Sections 1 through 14 of this Act shall become effective on January 1, 2013, provided that cases pending on January 1, 2013, shall continue to be governed by the law in effect on December 31, 2012, until the conclusion of the case.

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

Representative Peake of the 137th moved that the House agree to the Senate substitute to HB 100.

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y 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 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 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 E Gordon Y Greene Y Hamilton
Hanner 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 Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson
Johnson Jones, J Y Jones, S Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby 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
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 E Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas 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

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On the motion, the ayes were 165, nays 0.
The motion prevailed.
HB 822. By Representatives Lindsey of the 54th, Lane of the 167th, Atwood of the 179th, Oliver of the 83rd and Dollar of the 45th:
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.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 3 of Title 23 and Chapter 4 of Title 49 of the Official Code of Georgia Annotated, 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 provide for a short title; to provide for definitions; to provide for liability to this state for certain false claims; to provide for civil actions for false claims submitted to this state or to local governments; to provide for exclusions for certain civil actions; to provide for procedure; to provide for burden of proof; to provide for statute of limitations; to provide for venue; to provide for civil investigative demands; to provide for remedies under other laws; to provide for severability; to provide for construction; 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 redirect proceeds from the Indigent Care Trust Fund to the Georgia Department of Community Health; to provide for the Attorney General to intervene in a civil action; to repeal provisions relating to employee discrimination or harassment by an employer while an employee pursues a civil action under the "State False Medicaid Claims Act" and provide for remedies for such conduct and other conduct involving employees, contractors, and agents; to change and create provisions relating to the statute of limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Part I of this Act shall be known and may be cited as the "Georgia Taxpayer Protection False Claims Act."
SECTION 1-2. Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to equitable remedies and proceedings generally, is amended by adding a new article to read as follows:
"ARTICLE 6
23-3-120. As used in this article, the term:
(1) 'Claim' means any request or demand, whether under a contract or otherwise, for money or property, and whether or not this state or a local government has title to such money or property that is:
(A) Presented to an officer, employee, or agent of the state or local government; (B) Made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the state's or local government's behalf or to advance a state or local government program or interest, and if the state or local government:
(i) Provides or has provided any portion of the money or property requested or demanded; or (ii) Will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded. Such term shall not include requests or demands for money or property that the state or local government has paid to an individual as compensation for state or local government employment or as an income subsidy with no restrictions on that individual's use of the money or property. (2) 'Knowing' and 'knowingly' mean that a person, with respect to information: (A) Has actual knowledge of the information; (B) Acts in deliberate ignorance of the truth or falsity of the information; or (C) Acts in reckless disregard of the truth or falsity of the information. No proof of specific intent to defraud is required. (3) 'Local government' means any Georgia county, municipal corporation, consolidated government, authority, board of education or other local public board, body, or commission, town, school district, board of cooperative educational services, local public benefit corporation, hospital authority, taxing authority, or other political subdivision of the state or of such local government, including MARTA.

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(4) 'Material' means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. (5) 'Obligation' means an established duty, whether fixed or not, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee based or similar relationship, from law or regulation, or from the retention of any overpayment. (6) 'State' means the State of Georgia and any state department, board, bureau, division, commission, committee, public benefit corporation, public authority, council, office, or other governmental entity performing a governmental or proprietary function for this state.
23-3-121. (a) Any person, firm, corporation, or other legal entity that:
(1) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim; (3) Conspires to commit a violation of paragraph (1), (2), (4), (5), (6), or (7) of this subsection; (4) Has possession, custody, or control of property or money used, or to be used, by the state or local government and knowingly delivers, or causes to be delivered, less than all of that money or property; (5) Being authorized to make or deliver a document certifying receipt of property used, or to be used, by the state or local government and, intending to defraud the state or local government, makes or delivers the receipt without completely knowing that the information on the receipt is true; (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the state or local government who lawfully may not sell or pledge the property; or (7) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or local government, or knowingly conceals, knowingly and improperly avoids, or decreases an obligation to pay or transmit money or property to the state or a local government shall be liable to the State of Georgia for a civil penalty of not less than $5,500.00 and not more than $11,000.00 for each false or fraudulent claim, plus three times the amount of damages which the state or local government sustains because of the act of such person. (b) The provisions of subsection (a) of this Code section notwithstanding, if the court finds that: (1) The person committing the violation of this subsection furnished officials of the state or local government responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information;

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(2) Such person fully cooperated with any government investigation of such violation; and (3) At the time such person furnished the state or local government with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this article with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not more than two times the amount of the actual damages which the state or local government sustained because of the act of such person. (c) A person violating any provision of this Code section shall also be liable to the state or local government for all costs, reasonable expenses, and reasonable attorney's fees incurred by the state or local government in prosecuting a civil action brought to recover the damages and penalties provided under this article. (d) Any information furnished pursuant to paragraph (2) of subsection (b) of this Code section shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50. (e) This Code section shall not apply to claims, records, or statements made concerning taxes under the revenue laws of this state.
23-3-122. (a) The Attorney General shall be authorized to investigate suspected, alleged, and reported violations of this article. If the Attorney General finds that a person has violated or is violating this article, then the Attorney General may bring a civil action against such person under this article. The Attorney General may delegate authority to a district attorney or other appropriate official of a local government to investigate violations that may have resulted in damages to such local government under Code Section 23-3-121 and may delegate to the local government the authority to bring a civil action on its own behalf, or on behalf of any subdivision of such local government, to recover damages sustained by such local government as a result of such violations, as well as all multiple damages, costs, expenses, attorney's fees, and civil penalties available under Code Section 23-3-121. The Attorney General may delegate to a district attorney or local government the authority to pursue an action brought by a private person under subsection (b) of this Code section. Notwithstanding any such delegation of authority, the Attorney General shall retain the authority to continue or discontinue the prosecution of any such action and to withdraw any such authority previously delegated to a district attorney or local government.
(b)(1) Subject to the exclusions set forth in this Code section, a civil action under this article may also be brought by a private person upon written approval by the Attorney General. A civil action shall be brought in the name of the State of Georgia or local government, as applicable. The civil action may be dismissed only if the Attorney General gives written consent to the dismissal stating the reasons for consenting to such dismissal and the court enters an order approving the dismissal. (2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Attorney

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General by certified mail or statutory overnight delivery. The complaint shall be filed in camera and under seal, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The state or, if delegated the authority by the Attorney General, local government may elect to intervene and proceed with the action within 60 days after the Attorney General receives both the complaint and the material evidence and information. (3) The state or, if delegated the authority by the Attorney General, the local government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2) of this subsection. Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this Code section until 30 days after the complaint is unsealed and served upon the defendant. (4) Before the expiration of the 60 day period or any extensions obtained under paragraph (3) of this subsection, the state or local government shall:
(A) Proceed with the civil action, in which case the civil action shall be conducted by the state or local government; or (B) Notify the court that it declines to take over the civil action, in which case the person bringing the civil action shall have the right to proceed with the civil action. (5) When a person brings a civil action under this subsection, no person other than the state or, if delegated the authority by the Attorney General, the local government may intervene or bring a related civil action based on the facts underlying the pending civil action. (6) Any evidence and information provided to the Attorney General or his or her designee, including any district attorney or local government, by a private person in connection with an action under this Code section shall not constitute public records and shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50. Any such evidence also shall be protected by the common interest privilege and work product doctrine. To effectuate the law enforcement purposes of this article in combating fraud and false claims directed at the public's funds, it is the public policy of this state that private persons be authorized to take actions to provide to the Attorney General or local government such information and evidence. (c)(1) If the state or local government elects to intervene and proceeds with the civil action, it shall have the primary responsibility for prosecuting the civil action and shall not be bound by an act of the person bringing such civil action. Such person shall have the right to continue as a party to the civil action, subject to the limitations set forth in this subsection. (2) If the Attorney General has consented to a dismissal or elected not to proceed with a civil action, a local government may dismiss the civil action, notwithstanding the objections of the person initiating the civil action, if the person has been notified by the local government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (3) The state or local government may settle the civil action with the defendant, notwithstanding the objections of the person initiating the civil action, if the court

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determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (4) Upon a showing by the state or local government that unrestricted participation during the course of the litigation by the person initiating the civil action would interfere with or unduly delay the state or local government's litigation of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as:
(A) Limiting the number of witnesses the person may call; (B) Limiting the length of the testimony of such witnesses; (C) Limiting the person's cross-examination of witnesses; or (D) Otherwise limiting the participation of the person in the litigation. (d) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the civil action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation of the person in the litigation. (e) If the state or local government elects not to proceed with the civil action, the person who initiated the civil action shall have the right to conduct the civil action. If the state or local government so requests, it shall be served with copies of all pleadings filed in the civil action and shall be supplied, without cost, with copies of all deposition transcripts. When a person proceeds with the civil action, the court may nevertheless permit the state or local government to intervene at a later date upon a showing of good cause. (f) Whether or not the state or local government proceeds with the civil action, upon a showing by the state or local government that certain actions of discovery by the person initiating the civil action would interfere with the state or local government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60 day period upon a further showing in camera that the state or local government has pursued the criminal or civil investigation or proceedings with reasonable diligence, and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (g) Notwithstanding subsection (b) of this Code section, the state or local government may elect to pursue its claim through any alternate remedy available to the state or local government, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the civil action shall have the same rights in such proceeding as such person would have had if the civil action had continued under this Code section. Any finding of fact or conclusion of law made in such other proceeding that becomes final shall be conclusive on all parties to a civil action under this Code section. For purposes of this subsection, a finding or conclusion shall be deemed final if it has been finally determined on appeal to the appropriate court, if all time for filing such an appeal with

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respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
(h)(1) If the state or local government proceeds with a civil action brought by a private person under subsection (b) of this Code section, such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the civil action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the civil action. Where the civil action is one which the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the civil action, relating to allegations or transactions in a criminal, civil, or administrative hearing; in a legislative, administrative, or State Accounting Office report, hearing, audit, or investigation; or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing such civil action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (2) If the state or local government does not proceed with a civil action under this Code section, the person bringing the civil action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. Such amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the civil action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (3) Whether or not the state or local government proceeds with the civil action, if the court finds that the civil action was brought by a person who planned and initiated the violation of this article upon which the civil action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the civil action which the person would otherwise receive under paragraph (1) or (2) of this subsection, taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the civil action is convicted of criminal conduct arising from his or her role in the violation of this article, such person shall be dismissed from the civil action and shall not receive any share of the proceeds of the civil action. Such dismissal shall not prejudice the right of the State of Georgia to continue the civil action, represented by the Attorney General or local government attorney to whom the Attorney General has delegated authority. (4) If the state or local government does not proceed with the civil action and the person bringing the civil action conducts the civil action, the court may award to the

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defendant its reasonable attorney's fees and expenses against the person bringing the civil action if the defendant prevails in the civil action and the court finds that the claim of the person bringing the civil action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (i) For purposes of this subsection, the term 'public employee,' 'public official,' and 'public employment' shall include federal, state, and local employees and officials. No civil action shall be brought under this article by a person who is or was a public employee or public official if the allegations of such action are substantially based upon: (1) Allegations of wrongdoing or misconduct which such person had a duty or obligation to report or investigate within the scope of his or her public employment or office; or (2) Information or records to which such person had access as a result of his or her public employment or office. (j)(1) No court shall have jurisdiction over a civil action brought under subsection (b) of this Code section against a member of the General Assembly or a member of the judiciary if the civil action is based on evidence or information known to the state when the civil action was brought. (2) In no event may a person bring a civil action under subsection (b) of this Code section which is based upon allegations or transactions which are the subject of a civil or administrative proceeding to which the State of Georgia is already party. (3) The court shall dismiss a civil action or claim under this Code section, unless opposed by the state or local government, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed:
(A) In a state criminal, civil, or administrative hearing in which the state or local government or its agent is a party; (B) In a state or local government legislative or other state or local government report, hearing, audit, or investigation that is made on the public record or disseminated broadly to the general public; provided that such information shall not be deemed publicly disclosed in a report or investigation because it was disclosed or provided pursuant to Article 4 of Chapter 18 of Title 50, the federal Freedom of Information Act, or under any other federal, state, or local law, rule, or program enabling the public to request, receive, or view documents or information in the possession of public officials or public agencies; or (C) From the news media, provided that such allegations or transactions are not publicly disclosed in the news media merely because information of allegations or transactions have been posted on the Internet or on a computer network, unless the action is brought by the Attorney General or local government, or the person bringing the action is an original source of the information. For purposes of this subparagraph, the term 'original source' means a person who:
(i) Prior to a public disclosure under this paragraph, has voluntarily disclosed to the state or a local government the information on which allegations or transactions in a claim are based; or

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(ii) Has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions and who has voluntarily provided the information to the state or a local government before filing a civil action under this Code section. (k) The state or local government shall not be liable for expenses which a private person incurs in bringing a civil action under this article. (l)(1) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of a civil action under this Code section or other efforts to stop one or more violations of this article. (2) Relief under paragraph (1) of this subsection shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. An action under this subsection may be brought in the appropriate superior court of this state for the relief provided in this subsection. (3) A civil action under this subsection shall not be brought more than three years after the date when the discrimination occurred.
23-3-123. (a) Except as provided in paragraph (3) of subsection (l) of Code Section 23-3-122, all civil actions under this article shall be filed pursuant to Code Section 23-3-122 within six years after the date the violation was committed or three years after the date when facts material to the right of civil action are known or reasonably should have been known by the state or local government official charged with the responsibility to act in the circumstances, whichever occurs last; provided, however, that in no event shall any civil action be filed more than ten years after the date upon which the violation was committed. (b) A subpoena requiring the attendance of a witness at a trial or hearing conducted under Code Section 23-3-122 may be served at any place in this state. (c) For purposes of applying subsection (b) of Code Section 9-11-9, in pleading a civil action brought under this article, the qui tam plaintiff shall not be required to identify specific claims that result from an alleged course of misconduct or any specific records or statements used if the facts alleged in the complaint, if ultimately proven true, would provide a reasonable indication that one or more violations of Code Section 23-3-121 are likely to have occurred and if the allegations in the pleading provide adequate notice of the specific nature of the alleged misconduct to permit the state or a local government to investigate effectively and defendants to defend fairly the allegations made.

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(d) If the state or local government elects to intervene and proceed with a civil action brought under subsection (b) of Code Section 23-3-122, the state or local government may file its own complaint or amend the complaint of a person who has brought an action under such subsection to clarify or add detail to the claims in which the state or local government is intervening and to add any additional claims with respect to which the state or local government contends it is entitled to relief. For statute of limitations purposes, any such state or local government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the state or local government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person. (e) In any action brought under Code Section 23-3-122, the plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (f) Notwithstanding any other provision of law, a final judgment rendered in favor of the state or local government or the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any civil action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of Code Section 23-3-122.
23-3-124. All civil actions brought under this article in a court of this state shall be brought in the county where the defendant or any one defendant, in the case of multiple defendants or defendants who are not residents of the State of Georgia, resides, can be found, transacts business, or commits an act in furtherance of the submittal of a false or fraudulent claim to the state or local government. Civil actions under this article may be brought in courts of the United States and other states if there is pendent jurisdiction.
23-3-125. (a) As used in this Code section, the term:
(1) 'Custodian' means the custodian, or any deputy custodian, designated by the Attorney General under paragraph (1) of subsection (j) of this Code section. (2) 'Documentary material' includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document or data compilations stored in or accessible through computer or other information retrieval system, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery. (3) 'False claims law' means:
(A) This article; and (B) Any Act of Congress or of the legislature which prohibits or makes available to the federal government, state, or any local government in any court of this state, of another state or the District of Columbia, or of local government or of the United States any civil remedy with respect to any false claim against, bribery of, or

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corruption of any officer or employee of any state, the District of Columbia, local government, or the United States. (4) 'False claims law investigation' means any inquiry conducted by any false claims law investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of a false claims law. (5) 'False claims law investigator' means any attorney or investigator employed by the Department of Law or any other agency of the federal government, state, or any local government who is charged with the duty of enforcing or carrying into effect any false claims law, or any officer or employee of the state or local government or the United States acting under the direction and supervision of such attorney or investigator in connection with a false claims law investigation. (6) 'Official use' means any use that is consistent with the law and the regulations and policies of the Department of Law or any other agency of the federal government, state, or any local government participating in any of the matters in question, including use in connection with internal memoranda, and reports; communications between the Attorney General or any other agency of the federal government, state, or any local government participating in the matters in question and any other agency of the federal government, state, or any local government, or a contractor of an agency of the federal government, state, or any local government, undertaken in furtherance of a federal, state, or local government or other governmental investigation or prosecution of a case; interviews of any qui tam relator or other witness; oral examinations; depositions; preparation for and response to civil discovery requests; introduction into the record of a case or proceeding; applications, motions, memoranda, and briefs submitted to a court or other tribunal; and communications with federal, state, or local government or other governmental investigators, auditors, consultants and experts, the counsel of other parties, arbitrators, and mediators, concerning an investigation, case, or proceeding. (7) 'Person' means any natural person, partnership, corporation, association, or other legal entity, including any state or local government or political subdivision of a state. (8) 'Product of discovery' includes: (A) The original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; (B) Any digest, analysis, selection, compilation, or derivation of any item listed in subparagraph (A) of this paragraph; and (C) Any index or other manner of access to any item listed in subparagraph (A) of this paragraph. (b)(1) For purposes of this Code section, whenever the Attorney General, or his or her designee, has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the Attorney General, or his or her designee, may, before commencing a civil proceeding under subsection (a) of Code Section 23-3-122 or other false claims

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law, or making an election under subsection (b) of Code Section 23-3-122, issue in writing and cause to be served upon such person a civil investigative demand requiring such person to:
(A) Produce such documentary material for inspection and copying; (B) Answer in writing written interrogatories with respect to such documentary material or information; (C) Give oral testimony concerning such documentary material or information; or (D) Furnish any combination of such documentary material, answers, or testimony. The Attorney General may delegate the authority to issue civil investigative demands under this subsection, including to a district attorney or other local government attorney. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General, the deputy attorney general, or an assistant attorney general shall cause to be served, in any manner authorized by this Code section, a copy of such demand upon the person from whom the discovery was obtained and shall notify the person to whom such demand is issued of the date on which such copy was served. Any information obtained by the Attorney General or a designee of the Attorney General under this Code section may be shared with any qui tam relator if the Attorney General or such designee determine it is necessary as part of any false claims law investigation. (2)(A) Each civil investigative demand issued under paragraph (1) of this subsection shall state the nature of the conduct constituting the alleged violation of a false claims law which is under investigation and the applicable provision of law alleged to have been violated. (B) If such demand is for the production of documentary material, the demand shall:
(i) Describe each class of documentary material to be produced with such definiteness and certainty as to permit such documentary material to be fairly identified; (ii) Prescribe a return date for each such class which will provide a reasonable period of time within which the documentary material so demanded may be assembled and made available for inspection and copying; and (iii) Identify the false claims law investigator to whom such documentary material shall be made available. (C) If such demand is for answers to written interrogatories, the demand shall: (i) Set forth with specificity the written interrogatories to be answered; (ii) Prescribe dates at which time the answers to such written interrogatories shall be submitted; and (iii) Identify the false claims law investigator to whom such answers shall be submitted. (D) If such demand is for the giving of oral testimony, the demand shall: (i) Prescribe a date, time, and place at which the oral testimony shall be commenced;

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(ii) Identify a false claims law investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted; (iii) Specify that such attendance and testimony are necessary to the conduct of the investigation; (iv) Notify the person receiving the demand of the right to be accompanied by an attorney and any other representative; and (v) Describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand. (E) Any civil investigative demand issued under this Code section which is an express demand for any product of discovery shall not be returned or returnable until 20 days after a copy of such demand has been served upon the person from whom the product of discovery was obtained. (F) The date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued under this Code section shall be a date which is not less than seven days after the date on which such demand is received, unless the Attorney General or his or her designee determines that exceptional circumstances are present which warrant the commencement of such testimony within a lesser period of time. (G) The Attorney General or his or her designee shall not authorize the issuance under this Code section of more than one civil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation, notifies that person in writing that an additional demand for oral testimony is necessary. (c)(1) A civil investigative demand issued under subsection (b) of this Code section shall not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such documentary material, answers, or testimony would be protected from disclosure under: (A) Standards applicable to subpoenas or subpoenas duces tecum issued by a court of the state or of the United States to aid in a grand jury investigation; or (B) Standards applicable to discovery requests under Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this Code section. (2) Any such demand which is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law, other than this Code section, preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand shall not constitute a waiver of any right or privilege which the person making such disclosure may be entitled to invoke to resist discovery of trial preparation materials. (d)(1) Any civil investigative demand issued under subsection (b) of this Code section may be served in this state by a false claims law investigator or by a sheriff,

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deputy sheriff, marshal, or deputy marshal at any place within the territorial jurisdiction of any court of this state. (2) Any such demand or any petition filed under subsection (k) of this Code section may be served upon any person who is not found within the territorial jurisdiction of any court of this state in such manner as applicable law prescribes for service outside this state. To the extent that the courts of this state can assert jurisdiction over any such person consistent with due process, any such court shall have the same jurisdiction to take any action respecting compliance with this Code section by any such person that such court would have if such person were personally within the jurisdiction of such court. Compliance with this Code section may also be enforced in courts of other states, of the District of Columbia, and of the United States. (e)(1) Service of any civil investigative demand issued under subsection (b) of this Code section or of any petition filed under subsection (k) of this Code section may be made upon a partnership, corporation, association, or other legal entity by:
(A) Delivering an executed copy of such demand or petition to any partner, executive officer, managing agent, or general agent of the partnership, corporation, association, or entity, or to any agent authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; (B) Delivering an executed copy of such demand or petition to the principal office or place of business of the partnership, corporation, association, or entity; or (C) Depositing an executed copy of such demand or petition via the United States Postal Service by registered or certified mail or statutory overnight delivery, return receipt requested, addressed to such partnership, corporation, association, or entity at its principal office or place of business. (2) Service of any such demand or petition may be made upon any natural person by: (A) Delivering an executed copy of such demand or petition to the person; or (B) Depositing an executed copy of such demand or petition via the United States Postal Service by registered or certified mail or statutory overnight delivery, return receipt requested, addressed to the person at the person's residence or principal office or place of business. (f) A verified return by the individual serving any civil investigative demand issued under subsection (b) of this Code section or any petition filed under subsection (k) of this Code section setting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail or statutory overnight delivery, such return shall be accompanied by the return post office receipt or other receipt of delivery of such demand. (g)(1) The production of documentary material in response to a civil investigative demand served under this Code section shall be made under a sworn certificate, in such form as the demand designates, by: (A) In the case of a natural person, the person to whom the demand is directed; or

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(B) In the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person. The certificate shall state that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the false claims law investigator identified in the demand. (2) Any person upon whom any civil investigative demand for the production of documentary material has been served under this Code section shall make such documentary material available for inspection and copying to the false claims law investigator identified in such demand at the principal place of business of such person, or at such other place as the false claims law investigator and the person thereafter may agree and prescribe in writing, or as the court may direct under paragraph (1) of subsection (k) of this Code section. Such documentary material shall be made so available on the return date specified in such demand, or on such later date as the false claims law investigator may prescribe in writing. Such person may, upon written agreement between the person and the false claims law investigator, substitute copies for originals of all or any part of such documentary material. (h) Each interrogatory in a civil investigative demand served under this Code section shall be answered separately and fully in writing under oath and shall be submitted under a sworn certificate, in such form as the demand designates, by: (1) In the case of a natural person, the person to whom the demand is directed; or (2) In the case of a person other than a natural person, the person or persons responsible for answering each interrogatory. If any interrogatory is objected to, the reasons for the objection shall be stated in the certificate instead of an answer. The certificate shall state that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. (i)(1) The examination of any person pursuant to a civil investigative demand for oral testimony served under this Code section shall be taken before an officer authorized to administer oaths and affirmations by the laws of this state, or of the United States, or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness on oath or affirmation and shall, personally or by someone acting under the direction of the officer and in the officer's presence, record the testimony of the witness. The testimony shall be taken stenographically and shall be transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. This subsection shall not preclude the taking of testimony by any means authorized by and in a manner consistent with Chapter 11 of Title 9, the 'Georgia Civil Practice Act.'

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(2) The false claims law investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the state or local government, any person who may be agreed upon by the attorney for the state or local government and the person giving the testimony, the officer before whom the testimony is to be taken, and any stenographer taking such testimony. (3) The oral testimony of any person taken pursuant to a civil investigative demand served under this Code section shall be taken in the county within which such person resides, is found, or transacts business, or in such other place as may be agreed upon by the false claims law investigator conducting the examination and such person. (4) When the testimony is fully transcribed, the false claims law investigator or the officer before whom the testimony is taken shall afford the witness, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer or the false claims law investigator, with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within 30 days after being afforded a reasonable opportunity to examine it, the officer or the false claims law investigator shall sign it and state on the record the fact of the waiver, illness, absence, or the refusal to sign of the witness, together with the reasons, if any, given therefor. (5) The officer before whom the testimony is taken shall certify on the transcript that the witness was sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or false claims law investigator shall promptly deliver the transcript, or send the transcript by registered or certified mail, to the custodian. (6) Upon payment of reasonable charges therefor, the false claims law investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General or his or her designee may, for good cause, limit such witness to inspection of the official transcript of the witness's testimony.
(7)(A) Any person compelled to appear for oral testimony under a civil investigative demand issued under subsection (b) of this Code section may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person may not otherwise object to or refuse to answer any question, and shall

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not, directly or through counsel, otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the superior court under paragraph (1) of subsection (k) of this Code section for an order compelling such person to answer such question. (B) If such person refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with the provisions of Title 24. (8) Any person appearing for oral testimony under a civil investigative demand issued under subsection (b) of this Code section shall be entitled to the same fees and allowances which are paid to witnesses in the superior courts and state courts of Georgia. (j)(1) The Attorney General shall designate a false claims law investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this Code section and shall designate such additional false claims law investigators as the Attorney General determines from time to time to be necessary to serve as deputies to the custodian. (2)(A) A false claims law investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this Code section shall transmit them to the custodian. The custodian shall take physical possession of such documentary material, answers, or transcripts and shall be responsible for the use made of them and for the return of documentary material under paragraph (4) of this subsection. (B) The custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any false claims law investigator or other officer or employee of the Attorney General or any other agency of the state or local government participating in an investigation of the matters in question. Such documentary material, answers, and transcripts may be used by any such authorized false claims law investigator or other officer or employee in connection with the taking of oral testimony under this Code section. (C) Except as otherwise provided in this subsection, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the custodian, shall be available for examination by any individual other than a false claims law investigator or other officer or employee of the Attorney General or any other agency of the federal government or of a state or local government participating in an investigation of the matters in question authorized under subparagraph (B) of this paragraph. The prohibition in the preceding sentence on the availability of documentary material, answers, or transcripts shall not apply if consent is given by the person who produced such documentary material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such documentary material, consent is given by the person from whom the discovery was obtained. Nothing in this subparagraph is intended to prevent disclosure to the General Assembly,

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including any committee or subcommittee of the General Assembly, or to any other agency of the state or local government or the United States for use by such agency in furtherance of its statutory responsibilities. (D) While in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe:
(i) Documentary material and answers to interrogatories shall be available for examination by the person who produced such documentary material or answers, or by a representative of that person authorized by that person to examine such documentary material and answers; and (ii) Transcripts of oral testimony shall be available for examination by the person who produced such testimony, or by a representative of that person authorized by that person to examine such transcripts. (3) Whenever the Attorney General, an attorney for a local government, or an attorney for any agency of a local government participating in an investigation of the matter in question has been designated to appear before any court, grand jury, or state or local government or federal agency in any case or proceeding, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony received under this Code section may deliver to such attorney such documentary material, answers, or transcripts for official use in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such documentary material, answers, or transcripts so delivered which have not passed into the control of such court, grand jury, or agency through introduction into the record of such case or proceeding. (4) If any documentary material has been produced by any person in the course of any false claims law investigation pursuant to a civil investigative demand under this Code section, and: (A) Any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any state or local government or federal agency involving such documentary material, has been completed; or (B) No case or proceeding in which such documentary material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation, the custodian shall, upon written request of the person who produced such documentary material, return to such person any such documentary material, other than copies furnished to the false claims law investigator under paragraph (2) of subsection (g) of this Code section or made for the state under subparagraph (B) of paragraph (2) of this subsection, which has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding. (5) In the event of the death, disability, or separation from service of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced pursuant to a civil investigative demand under this Code section, or in the

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event of the official relief of such custodian from responsibility for the custody and control of such documentary material, answers, or transcripts, the Attorney General or his or her designee shall promptly:
(A) Designate another false claims law investigator to serve as custodian of such documentary material, answers, or transcripts; and (B) Transmit in writing to the person who produced such documentary material, answers, or testimony notice of the identity and address of the successor so designated. Any person who is designated to be a successor under this paragraph shall have, with regard to such documentary material, answers, or transcripts, the same duties and responsibilities as were imposed by this Code section upon that person's predecessor in office, except that the successor shall not be held responsible for any default or dereliction which occurred before that designation. (k)(1) Whenever any person fails to comply with any civil investigative demand issued under subsection (b) of this Code section, or whenever satisfactory copying or reproduction of any documentary material requested in such demand cannot be done and such person refuses to surrender such documentary material, the Attorney General or local government may file in any county or district in which such person resides, is found, or transacts business and serve upon such person a petition for an order of such court for the enforcement of the civil investigative demand. (2)(A) Any person who has received a civil investigative demand issued under subsection (b) of this Code section may file in the appropriate court and serve upon the false claims law investigator identified in such demand a petition for an order of the court to modify or set aside such demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the superior court for any county in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this subparagraph shall be filed:
(i) Within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier; or (ii) Within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand. (B) The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A) of this paragraph and may be based upon any failure of the demand to comply with the provisions of this Code section or upon any constitutional or other legal right or privilege of such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside. (3)(A) In the case of any civil investigative demand issued under subsection (b) of this Code section which is an express demand for any product of discovery, the

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person from whom such discovery was obtained may file in the superior court for the county in which the proceeding in which such discovery was obtained is or was last pending and serve upon any false claims law investigator identified in the demand and upon the recipient of the demand a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subparagraph shall be filed:
(i) Within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier; or (ii) Within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand. (B) The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A) of this paragraph and may be based upon any failure of the portions of the demand from which relief is sought to comply with the provisions of this Code section or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand. (4) At any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced by, or transcripts of oral testimony given by, any person in compliance with any civil investigative demand issued under subsection (b) of this Code section, such person and, in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file in the superior court for any county within which the office of such custodian is situated and serve upon such custodian a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this Code section. (5) Whenever any petition is filed under this subsection in any superior court for any county, such court shall have jurisdiction to hear and determine the matter so presented and to enter such order or orders as may be required to carry out the provisions of this Code section. Any final order so entered shall be subject to appeal. Any disobedience of any final order entered under this Code section by any court shall be punished as a contempt of the court. (6) Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' shall apply to any petition filed in this state under this subsection, to the extent that such rules are not inconsistent with the provisions of this Code section. (l) Any documentary material, answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under subsection (b) of this Code section shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50.

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23-3-126. (a) The provisions of this article shall not be deemed exclusive, and the remedies provided for in this article shall be in addition to any other remedies provided for in any other law or available under common law. (b) This Act shall be broadly construed and applied to promote the public's interest in combating fraud and false claims directed at the public's funds.
23-3-127. If a civil action can be commenced pursuant to Article 7B of Chapter 4 of Title 49, the 'State False Medicaid Claims Act,' the claimant shall proceed under Article 7B of Chapter 4 of Title 49."
PART II SECTION 2-1.
Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by revising Article 7B, the "State False Medicaid Claims Act," as follows:
"ARTICLE 7B
49-4-168. As used in this article, the term:
(1) 'Claim' includes any request or demand, whether under a contract or otherwise, for money, property, or services money or property, whether or not the Georgia Medicaid program or this state has title to such money or property, which is made to the Georgia Medicaid program, or to any officer, employee, fiscal intermediary, grantee, agent, or contractor of the Georgia Medicaid program, or to other persons or entities if it results in payments by the Georgia Medicaid program, if the Georgia Medicaid program provides, has provided, or will provide any portion of the money or property requested or demanded;, or if the Georgia Medicaid program will reimburse the contractor, grantee, or other recipient for any portion of the money or property requested or demanded; or if the money or property is to be spent or used on behalf of or to advance the Georgia Medicaid program. A claim includes a request or demand made orally, in writing, electronically, or magnetically. Each claim may be treated as a separate claim. (2) 'Knowing' and 'knowingly' mean requires no proof of specific intent to defraud and means that a person, with respect to information:
(A) Has actual knowledge of the information; (B) Acts in deliberate ignorance of the truth or falsity of the information; or (C) Acts in reckless disregard of the truth or falsity of the information. No proof of specific intent to defraud is required.

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(3) 'Material' means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. (4) 'Obligation' means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee based or similar relationship, from statute or regulation, or from retention of any overpayment. (5) 'Person' means any natural person, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity with capacity to sue or be sued.
49-4-168.1. (a) Any person who:
(1) Knowingly presents or causes to be presented to the Georgia Medicaid program a false or fraudulent claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement to get a false or fraudulent claim paid or approved by the Georgia Medicaid program material to a false or fraudulent claim; (3) Conspires to defraud the Georgia Medicaid program by getting a false or fraudulent claim allowed or paid; (4) Has possession, custody, or control of property or money used or to be used by the Georgia Medicaid program and, intending to defraud the Georgia Medicaid program or willfully to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate of receipt knowingly delivers, or causes to be delivered, less than all of such property or money; (5) Being Is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Georgia Medicaid program and, intending to defraud the Georgia Medicaid program, makes or delivers the receipt without completely knowing that the information on the receipt is true; (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Georgia Medicaid program who lawfully may not sell or pledge the property; or (7) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay, repay, or transmit money or property to the State of Georgia material to an obligation to pay or transmit property or money to the Georgia Medicaid program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit property or money to the Georgia Medicaid program, shall be liable to the State of Georgia for a civil penalty of not less than $5,500.00 and not more than $11,000.00 for each false or fraudulent claim, plus three times the amount of damages which the Georgia Medicaid program sustains because of the act of such person. (b) The provisions of subsection (a) of this Code section notwithstanding, if the court finds that:

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(1) The person committing the violation of this subsection furnished officials of the Georgia Medicaid program with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information; (2) Such person fully cooperated with any government investigation of such violation; and (3) At the time such person furnished the Georgia Medicaid program with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this article with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not more than two times the amount of the actual damages which the Georgia Medicaid program sustained because of the act of such person. (c) A person violating any provision of subsection (a) of this Code section shall also be liable to this state for all costs of any civil action brought to recover the damages and penalties provided under this article.
49-4-168.2. (a) The Attorney General shall be authorized to investigate suspected, alleged, and reported violations of this article. If the Attorney General finds that a person has violated or is violating this article, then the Attorney General may bring a civil action against such person under this article. (b) Subject to the exclusions set forth in this Code section, a civil action under this article may also be brought by a private person. A civil action shall be brought in the name of the State of Georgia. The civil action may be dismissed only if the court and the Attorney General give written consent to the dismissal and state the reasons for consenting to such dismissal. (c) Where a private person brings a civil action under this article, such person shall follow the following special procedures:
(1) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Attorney General; (2) The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The purpose of the period under seal shall be to allow the Attorney General to investigate the allegations of the complaint. The Attorney General may elect to intervene and proceed with the civil action within 60 days after it receives both the complaint and the material evidence and information; (3) The Attorney General may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2) of this subsection. Any such motions may be supported by affidavits or other submissions in camera;

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(4) Before the expiration of the 60 day period or any extensions obtained under paragraph (3) of this subsection, the Attorney General shall:
(A) Proceed with the civil action, in which case the civil action shall be conducted by the Attorney General; or (B) Notify the court that it declines to take over the civil action, in which case the person bringing the civil action shall have the right to proceed with the civil action; (5) The defendant shall not be required to respond to any complaint filed under this Code section until 30 days after the complaint is unsealed and served upon the defendant; and (6) When a person brings a civil action under this subsection, no person other than the Attorney General may intervene or bring a related civil action based on the facts underlying the pending civil action. (d)(1) If the Attorney General elects to intervene and proceed with the civil action, he or she shall have the primary responsibility for prosecuting the civil action and shall not be bound by an act of the person bringing such civil action. Such person shall have the right to continue as a party to the civil action, subject to the limitations set forth in this subsection. (2) The Attorney General may dismiss the civil action, notwithstanding the objections of the person initiating the civil action, if the person has been notified by the Attorney General of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (3) The Attorney General may settle the civil action with the defendant notwithstanding the objections of the person initiating the civil action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (4) Upon a showing by the Attorney General that unrestricted participation during the course of the litigation by the person initiating the civil action would interfere with or unduly delay the Attorney General's litigation of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as: (A) Limiting the number of witnesses the person may call; (B) Limiting the length of the testimony of such witnesses; (C) Limiting the person's cross-examination of witnesses; or (D) Otherwise limiting the participation by the person in the litigation. (e) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the civil action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. (f) If the Attorney General elects not to proceed with the civil action, the person who initiated the civil action shall have the right to conduct the civil action. If the Attorney General so requests, he or she shall be served with copies of all pleadings filed in the civil action and shall be supplied with copies of all deposition transcripts. When a

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person proceeds with the civil action, the court may nevertheless permit the Attorney General to intervene at a later date for any purpose, including, but not limited to, dismissal of the civil action notwithstanding the objections of the person initiating the civil action if such person has been notified by the Attorney General of the filing of such motion and the court has provided such person with an opportunity for a hearing on such motion. (g) Whether or not the Attorney General proceeds with the civil action, upon a showing by the Attorney General that certain actions of discovery by the person initiating the civil action would interfere with the Attorney General's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60 day period upon a further showing in camera that the Attorney General has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (h) Notwithstanding subsections (b) and (c) of this Code section, the Attorney General may elect to pursue this state's claim through any alternate remedy available to the Attorney General, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the civil action shall have the same rights in such proceeding as such person would have had if the civil action had continued under this Code section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to a civil action under this Code section. For purposes of this subsection, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the State of Georgia, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
(i)(1) If the Attorney General proceeds with a civil action brought by a private person under subsection (b) of this Code section, such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the civil action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the civil action. Where the civil action is one which the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the civil action, relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Attorney General hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing such civil action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. The remaining proceeds shall be payable to the Indigent Care Trust Fund to be used for the purposes set forth in Code Section 31-8-154 State of Georgia, by and through the

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Georgia Department of Community Health, for the purposes of operating, sustaining, protecting, and administering the Georgia Medicaid program. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (2) If the Attorney General does not proceed with a civil action under this Code section, the person bringing the civil action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. Such amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the civil action or settlement and shall be paid out of such proceeds. The remaining proceeds shall be payable to the Indigent Care Trust Fund to be used for the purposes set forth in Code Section 31-8-154 State of Georgia, by and through the Georgia Department of Community Health, for the purposes of operating, sustaining, protecting, and administering the Georgia Medicaid program. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (3) Whether or not the Attorney General proceeds with the civil action, if the court finds that the civil action was brought by a person who planned and initiated the violation of Code Section 49-4-168.1 upon which the civil action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the civil action which the person would otherwise receive under paragraph (1) or (2) of this subsection, taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the civil action is convicted of criminal conduct arising from his or her role in the violation of Code Section 49-4-168.1, such person shall be dismissed from the civil action and shall not receive any share of the proceeds of the civil action. Such dismissal shall not prejudice the right of the State of Georgia to continue the civil action, represented by the Attorney General. (4) If the Attorney General does not proceed with the civil action and the person bringing the civil action conducts the civil action, the court may award to the defendant its reasonable attorney's fees and expenses against the person bringing the civil action if the defendant prevails in the civil action and the court finds that the claim of the person bringing the civil action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (5) The State of Georgia shall not be liable for expenses which a private person incurs in bringing a civil action under this article. (j) For purposes of this subsection, 'public employee,' 'public official,' and 'public employment' shall include federal, state, and local employees and officials. (1) No civil action may be brought under this article by a person who is or was a public employee or public official if the allegations of such action are substantially based upon:

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(A) Allegations of wrongdoing or misconduct which such person had a duty or obligation to report or investigate within the scope of his or her public employment or office; or (B) Information or records to which such person had access as a result of his or her public employment or office. (2) No court shall have jurisdiction over a civil action under this article based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Attorney General report, hearing, audit, or investigation, or from the news media, unless the civil action is brought by the Attorney General or unless the person bringing the civil action is an original source of the information. For purposes of this paragraph, 'original source' means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to this state before filing a civil action under this Code section based on such information. (3) In no event may a person bring a civil action under this article which is based upon allegations or transactions which are the subject of a civil or administrative proceeding to which the State of Georgia is already party. (k)(4) No civil action may be brought under this article with respect to any claim relating to the assessment, payment, nonpayment, refund, or collection of taxes pursuant to any provisions of Title 48. (l)(1) As used in this subsection, the term 'original source' means an individual who: (A) Prior to public disclosure, has voluntarily disclosed to the Attorney General the information on which allegations or transactions in a claim are based; or (B) Has knowledge that is independent of and materially adds to publicly disclosed allegations or transactions and who has voluntarily provided such information to the Attorney General before filing a civil action under this Code section. (2) The court shall dismiss a civil action or claim under this Code section, unless opposed by the Attorney General, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed: (A) In any criminal, civil, or administrative hearing in which the State of Georgia or its employee, agent, or contractor is a party; (B) In a congressional, legislative, or other state or federal report, hearing, audit, or investigation; or (C) From the news media, unless the civil action is brought by the Attorney General or the person bringing the civil action is an original source of the information.
49-4-168.3. (a) In any civil action brought under this article, the State of Georgia or person bringing the civil action shall be required to prove all essential elements of the cause of civil action, including damages, by a preponderance of the evidence.

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(b) Except as otherwise provided in this article, all civil actions brought under this article shall be governed by the provisions of Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' (c) If the Attorney General elects to intervene and proceed with a civil action brought pursuant to this article, the Attorney General may file his or her own complaint or amend the complaint of a person who has brought a civil action under this article to clarify or add detail to the claims in which the Attorney General is intervening and to add any additional claims with respect to which the State of Georgia contends it is entitled to relief. For purposes of the statute of limitations, any such pleading by the Attorney General shall relate back to the filing date of the complaint of the person who originally brought the civil action, to the extent that the claim of the State of Georgia arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the original complaint by such person.
49-4-168.4. Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee, on behalf of the employee or others, in furtherance of a civil action under this article, including investigation for, initiation of, testimony for, or assistance in a civil action filed or to be filed under this article, shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status such employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay award, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. An employee may bring a civil action in an appropriate court of the State of Georgia for the relief provided in this Code section. (a) Any employee, contractor, or agent shall be entitled to all relief necessary to make such employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by such employee, contractor, agent or associated others in furtherance of a civil action under this Code section or other efforts to stop one or more violations of this article. (b) Relief under subsection (a) of this Code section shall include reinstatement with the same seniority status that such employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. A civil action under this subsection may be brought in an appropriate court of this state for the relief provided in this Code section.

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(c) Notwithstanding Code Section 49-4-168.5, a civil action under this Code section may not be brought more than three years after the date when the discrimination occurred.

49-4-168.5. All civil actions under this article shall be filed pursuant to Code Section 49-4-168.2 within six years after the date the violation was committed, or three four years after the date when facts material to the right of civil action are known or reasonably should have been known by the state official charged with the responsibility to act in the circumstances, whichever occurs last; provided, however, that in no event shall any civil action be filed more than ten years after the date upon which the violation was committed.

49-4-168.6. All civil actions brought against natural persons under this article shall be brought in the county where the defendant or, in the case of multiple defendants or of defendants who are not residents of the State of Georgia, in any county where any one defendant resides, can be found, transacts business, or commits an act in furtherance of the submittal of a false or fraudulent claim to the Georgia Medicaid program."

PART III SECTION 3-1.

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

Representative Lindsey of the 54th moved that the House agree to the Senate substitute to HB 822.

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

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y 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 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
Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse

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

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 E Stephens, M Y Stephens, R Y Stephenson Y Talton Y Tankersley

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

Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

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 Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas 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 motion, the ayes were 167, nays 0.

The motion prevailed.

Representatives Hatchett of the 143rd and Hill of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Hembree of the 67th moved that the following Bill of the Senate be recommitted to the Committee on Rules:

SB 492. By Senator Mullis of the 53rd:

A BILL to be entitled an Act to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to require that state contract awards for heavy equipment follow certain specific procedures; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The motion prevailed.

The Speaker announced the House in recess until 2:00 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 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 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.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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.
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:

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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.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
HB 1178. By Representatives Dickson of the 6th, England of the 108th and Coleman of the 97th:

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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.
Mr. Speaker:
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 1291. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), so as to modify provisions relating to the City of Sandy Springs and the executive and judicial officials of such city; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 614. By Representative Crawford of the 16th:
A BILL to be entitled an Act to provide for a homestead exemption from Polk County ad valorem taxes for county purposes in an amount that will increase in certain years when the current year assessed value of a homestead exceeds the preceding year's assessed value of such homestead by a certain amount under certain conditions; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 615. By Representative Crawford of the 16th:
A BILL to be entitled an Act to provide a homestead exemption from Polk County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of the county who are

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70 years of age or older with net annual household income of $10,000.00 or less; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 616. By Representative Crawford of the 16th:
A BILL to be entitled an Act to provide a homestead exemption from Polk County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who are 70 years of age or older with net annual household income of $10,000.00 or less; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 617. By Representative Crawford of the 16th:
A BILL to be entitled an Act to provide for a homestead exemption from Polk County school district ad valorem taxes for educational purposes in an amount that will increase in certain years when the current year assessed value of a homestead exceeds the preceding year's assessed value of such homestead by a certain amount under certain conditions; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
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.
HB 999. By Representatives Stephens of the 164th, Watson of the 163rd and Purcell of the 159th:

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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.
HB 1256. By Representatives Hembree of the 67th, Hightower of the 68th, Nix of the 69th, Smith of the 70th, Cooke of the 18th and others:
A BILL to be entitled an Act to amend an Act creating the Western Area Regional Radio System Authority, approved May 17, 2004 (Ga. L. 2004, p. 4521), so as to remove the City of Douglasville as a member of such authority; to add Coweta County as a member of such authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1275. By Representatives Stephens of the 164th, Bryant of the 160th, Gordon of the 162nd, Watson of the 163rd, Stephens of the 161st and others:
A BILL to be entitled an Act to amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3587), so as to provide for board membership and staggered terms; to provide for methods of transacting business; to provide for per diem allowances for members and chairperson of the board; to provide for the election of a chairperson; to provide for the audit of books and records of the authority; to repeal a provision providing for financial operations and administrative matters to be performed by Chatham County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1281. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating the Ware County Water and Sewer Authority, now known as the Satilla Regional Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to allow members to be elected for unlimited consecutive terms; to repeal a provision relating to expansion of services and addition of members; to reduce the number of days of nonpayment beyond which the authority may disconnect service; to raise the maximum fee for reconnection of service; to exempt the authority from sales and use taxes; to repeal conflicting laws; and for other purposes.

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HB 1289. By Representatives Mosby of the 90th, Oliver of the 83rd, Bell of the 58th, Mitchell of the 88th, Waites of the 60th and others:
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, so as to provide for certain terms of office; 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 for effective dates; to repeal conflicting laws; and for other purposes.
HB 1290. By Representatives Mosby of the 90th, Oliver of the 83rd, Bell of the 58th, Benfield of the 85th, Jacobs of the 80th and others:
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 25, 2002 (Ga. L. 2002, p. 4536), 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 certain terms of office; 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 1299. By Representatives Drenner of the 86th, Henson of the 87th, Mayo of the 91st, Jacobs of the 80th, Gardner of the 57th and others:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of DeKalb County for the purpose of ascertaining whether the local or independent school system in DeKalb County or charter school should place or operate a telecommunications tower on any elementary, middle, or high school property; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1300. By Representative Pruett of the 144th:
A BILL to be entitled an Act to revise and restate the law relating to the Bleckley County board of education and school superintendent; to provide for the number of members of the board and the districts from which they are elected; to provide for eligibility, manner of election, and filling of vacancies;

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to provide for a chairperson and vice chairperson; to provide for reimbursement of expenses; to provide for appointment of the school superintendent; to provide for related matters; to provide for submission of this Act for preclearance under the Voting Rights Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 1304. By Representatives Carter of the 175th, Taylor of the 173rd, Black of the 174th, Houston of the 170th, Shaw of the 176th and others:
A BILL to be entitled an Act to provide the director of the pretrial release program for the Southern Judicial Circuit and such other members of the staff of such program as may be designated by the chief judge of such judicial circuit with arrest and certain other powers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
HR 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.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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 crossreference; to provide for related matters; to repeal conflicting laws; 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 1850 Do Pass
The following Resolutions of the House were read and adopted:
HR 1850. By Representatives Hembree of the 67th, Lindsey of the 54th, Jones of the 46th, England of the 108th, Meadows of the 5th and others:
A RESOLUTION congratulating Deana Lynn Mosher upon the occasion of her forthcoming retirement and inviting her to be recognized by the House of Representatives; and for other purposes.
HR 2101. By Representatives Abrams of the 84th, Hugley of the 133rd, Thomas of the 100th, Smyre of the 132nd, Buckner of the 130th and others:
A RESOLUTION recognizing and commending Representative Helen "Sistie" Hudson on the occasion of her retirement; and for other purposes.
HR 2102. By Representatives Abrams of the 84th, Hugley of the 133rd, Thomas of the 100th, Williams of the 165th, Smyre of the 132nd and others:
A RESOLUTION recognizing and commending Representative Lynmore James on the occasion of his retirement; and for other purposes.
HR 2103. By Representatives Abrams of the 84th, Hugley of the 133rd, Thomas of the 100th, Smyre of the 132nd, Buckner of the 130th and others:

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A RESOLUTION recognizing and commending Representative Joseph B. Heckstall on the occasion of his retirement; and for other purposes.
HR 2104. By Representatives Abrams of the 84th, Hugley of the 133rd, Thomas of the 100th, Smyre of the 132nd, Buckner of the 130th and others:
A RESOLUTION recognizing and commending Representative Elly Dobbs on the occasion of her retirement; and for other purposes.
HR 2105. By Representatives Abrams of the 84th, Hugley of the 133rd, Smyre of the 132nd, Buckner of the 130th, Thomas of the 100th and others:
A RESOLUTION recognizing and commending Representative Stephanie Stuckey Benfield on the occasion of her retirement; and for other purposes.
HR 2106. By Representatives Abrams of the 84th, Hugley of the 133rd, Thomas of the 100th, Williams of the 165th, Smyre of the 132nd and others:
A RESOLUTION recognizing and commending Representative Roberta Abdul-Salaam on the occasion of her retirement; and for other purposes.
HR 2107. By Representatives Smith of the 70th, Byrd of the 20th, Holt of the 112th, Hatfield of the 177th, Burns of the 157th and others:
A RESOLUTION recognizing and commending Representative William Horne on the occasion of his retirement; and for other purposes.
HR 2108. By Representatives Smith of the 70th, Purcell of the 159th, Houston of the 170th, Jones of the 46th, Sims of the 119th and others:
A RESOLUTION recognizing and commending Representative Helen G. "Sistie" Hudson on the occasion of her retirement; and for other purposes.
HR 2109. By Representative Ralston of the 7th:
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 2110. By Representatives Brooks of the 63rd and Bruce of the 64th:
A RESOLUTION recognizing and commending Mr. Kevin Cole; and for other purposes.

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HR 2111. By Representative Brooks of the 63rd:
A RESOLUTION recognizing and commending Ms. Daisy Mae Johnson on the occasion of her 100th birthday; and for other purposes.
HR 2112. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Coomer of the 14th:
A RESOLUTION recognizing and commending the Honor Guard of Shanklin-Attaway Post Five American Legion; and for other purposes.
HR 2113. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Coomer of the 14th:
A RESOLUTION recognizing and commending Mr. Keon Lee; and for other purposes.
HR 2114. By Representative Reece of the 11th:
A RESOLUTION recognizing and commending Brandon Siffles; and for other purposes.
HR 2115. By Representatives Reece of the 11th and Maddox of the 172nd:
A RESOLUTION recognizing and commending Chief Jimmy Anderson; and for other purposes.
HR 2116. By Representatives Reece of the 11th and Maddox of the 172nd:
A RESOLUTION recognizing and commending Captain Ben Bandy; and for other purposes.
HR 2117. By Representatives Reece of the 11th and Maddox of the 172nd:
A RESOLUTION recognizing and commending Jim Purcell; and for other purposes.
HR 2118. By Representatives Smith of the 70th and Horne of the 71st:
A RESOLUTION recognizing and commending Cancer Treatment Centers of America; and for other purposes.

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HR 2119. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending Dr. Phillip R. Neely, Jr.; and for other purposes.
HR 2120. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending Ms. Tiana Ferrell; and for other purposes.
HR 2121. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending Pastor Jerry L. Brown; and for other purposes.
HR 2122. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending Dr. Lateshia Woodley; and for other purposes.
HR 2123. By Representative Burns of the 157th:
A RESOLUTION recognizing and commending the Screven County Development Authority; and for other purposes.
HR 2124. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending the City of Hapeville; and for other purposes.
HR 2125. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Dr. Johnny L. Wilson; and for other purposes.
HR 2126. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Ms. Angela Elizabeth Brown; and for other purposes.

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HR 2127. By Representative Crawford of the 16th:
A RESOLUTION commending Austin David Goggins, Polk County School System and Cedartown High School's 2012 STAR Student; and for other purposes.
HR 2128. By Representatives Welch of the 110th, Davis of the 109th, Yates of the 73rd, Mosby of the 90th and Mayo of the 91st:
A RESOLUTION honoring the life and memory of Mr. William Douglas "Doug" Coker, Sr.; and for other purposes.
HR 2129. By Representative Holcomb of the 82nd:
A RESOLUTION recognizing and commending Henderson Mill Elementary School; and for other purposes.
HR 2130. By Representative Jasperse of the 12th:
A RESOLUTION recognizing and commending Reverend David Stuart; and for other purposes.
HR 2131. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Mrs. Krisztina Kilpatrick, Rome City Schools 2013 Teacher of the Year; and for other purposes.
HR 2132. By Representative Hudson of the 124th:
A RESOLUTION commending Ms. Monica Poole, Hancock Central High School's 2012 STAR Teacher; and for other purposes.
HR 2133. By Representative Hudson of the 124th:
A RESOLUTION commending Jamichael Williams, Hancock Central High School's 2012 STAR Student; and for other purposes.
HR 2134. By Representatives Collins of the 27th, Allison of the 8th and Rogers of the 10th:
A RESOLUTION recognizing White County High School's Warrior Television Network; and for other purposes.

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HR 2135. By Representative Hudson of the 124th:
A RESOLUTION recognizing Jack Collins and George Cook; and for other purposes.
HR 2136. 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 Mr. Gerald Gailey; and for other purposes.
HR 2137. By Representative Golick of the 34th:
A RESOLUTION recognizing and commemorating the kickoff of the Great American Cleanup in Georgia and the 74 local Keep America Beautiful affiliates; and for other purposes.
HR 2138. By Representatives Welch of the 110th, Yates of the 73rd and Knight of the 126th:
A RESOLUTION honoring the life and memory of Officer Bennie Eugene Reinhardt; and for other purposes.
HR 2139. By Representatives Jasperse of the 12th and Hembree of the 67th:
A RESOLUTION recognizing and commending Pastor Max Carter Caylor on the occasion of his retirement; and for other purposes.
HR 2140. By Representative Henson of the 87th:
A RESOLUTION recognizing and commending Victory of the World Church on the occasion of its 25th anniversary; and for other purposes.
HR 2141. By Representatives Golick of the 34th and Evans of the 40th:
A RESOLUTION recognizing and commending Judge Dorothy A. Robinson on the occasion of her retirement; and for other purposes.
HR 2142. By Representative Golick of the 34th:
A RESOLUTION recognizing and commending Log Cabin Community Church on the occasion of its 100th anniversary; and for other purposes.

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HR 2143. By Representative Allison of the 8th:
A RESOLUTION honoring the life and memory of Deputy Sheriff Derrick Lee Whittle; and for other purposes.
HR 2144. By Representatives Harden of the 28th, Allison of the 8th, Riley of the 50th, Brockway of the 101st, Harden of the 147th and others:
A RESOLUTION recognizing and commending Mrs. Julie Jordan; and for other purposes.
HR 2145. By Representatives Welch of the 110th, Davis of the 109th, Yates of the 73rd and Mayo of the 91st:
A RESOLUTION recognizing and commending the Henry County E2: Economics and Education Task Force; and for other purposes.
HR 2146. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending Ms. Alethea R. Bonello; and for other purposes.
HR 2147. By Representatives Drenner of the 86th, Henson of the 87th, Abrams of the 84th, Ralston of the 7th, Mosby of the 90th and others:
A RESOLUTION recognizing and commending Representative Stephanie Stuckey Benfield on the occasion of her retirement; and for other purposes.
HR 2148. By Representative Golick of the 34th:
A RESOLUTION recognizing and commending the Vinings Historic Preservation Society; and for other purposes.
HR 2149. By Representatives Yates of the 73rd, Collins of the 27th, Black of the 174th, Hatchett of the 143rd, Thomas of the 100th and others:
A RESOLUTION recognizing and commending Mr. Tom Cook on the occasion of his retirement; and for other purposes.
HR 2150. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Riverdale Mayor Dr. Evelyn Wynn-Dixon; and for other purposes.

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HR 2151. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending The Home Depot Foundation; and for other purposes.
HR 2152. By Representative Waites of the 60th:
A RESOLUTION recognizing and commending Reverend Terrie Welch; and for other purposes.
HR 2153. By Representative Hatfield of the 177th:
A RESOLUTION recognizing and commending Ms. Faye Mosley on the occasion of her 82nd birthday; and for other purposes.
HR 2154. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. Harry Wilson Prevatt; and for other purposes.
HR 2155. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mrs. Mary Patricia "Pat" Beverly; and for other purposes.
HR 2156. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mrs. Ann Georgine Cash Smith; and for other purposes.
HR 2157. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mrs. Mary Lenas Rivers; and for other purposes.
HR 2158. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. James B. "Jim" McDonald; and for other purposes.

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HR 2159. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. William Harris Sutton; and for other purposes.
HR 2160. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. Wayne Sears; and for other purposes.
HR 2161. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mrs. Leatrice W. White; and for other purposes.
HR 2162. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mrs. Carole Dalton Capps; and for other purposes.
HR 2163. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mrs. Iris Faye Bokor; and for other purposes.
HR 2164. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mrs. Julie Carmichael Pierce Tomlinson; and for other purposes.
HR 2165. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. Raymond Keith Scurry; and for other purposes.
HR 2166. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. Eustace Bernell "Dick" Tanner; and for other purposes.

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The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 516. By Senator Carter of the 1st:
A BILL to be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Magistrate Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4222), so as to provide for the collection of additional costs as law library fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 110. By Senators Murphy of the 27th, Bulloch of the 11th, Miller of the 49th, Gooch of the 51st, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Code Section 12-8-25.3 of the Official Code of Georgia Annotated, relating to further restrictions on municipal solid waste landfill sites within significant ground-water recharge areas or near military air space used as a bombing range and untreated municipal sewage sludge, so as to repeal certain provisions relating to restrictions on municipal solid waste landfill sites within significant ground-water recharge areas; to eliminate a reference to such provisions; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Tolleson of the 20th, Murphy of the 27th, and Mullis of the 53rd.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

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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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Goggans of the 7th, Shafer of the 48th, and Bethel of the 54th.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
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.
Representative Shaw of the 176th moved that the House insist on its position in disagreeing to the Senate substitute to HB 872 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 Shaw of the 176th, Ramsey of the 72nd and Smith of the 131st.

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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 Senate amendment was read:
The Senate offers the following amendment:
Amend HB 875 by inserting after "To" at the beginning of line 1 the following: amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for certain records and disclosure of exempting legal authority, so as to exempt certain records of the Department of Agriculture from disclosure; to
By redesignating Section 1 as Section 1A and inserting after the enacting clause the following:
SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for certain records and disclosure of exempting legal authority, is amended by adding a new paragraph in subsection (a) to read as follows: "(10.4) Records, data, or information compiled and maintained by the Department of Agriculture regarding applicants for or recipients of certification for taxation purposes as a qualified agriculture producer as defined in Code Section 48-8-3.3; provided, however, that nothing in this paragraph shall prevent the release of such records, data, or information to a law enforcement officer, prosecutor, or judge or another state or federal agency for use in the investigation or prosecution of alleged criminal or unlawful activity or for other official use;"
Representative Knight of the 126th moved that the House disagree to the Senate amendment to HB 875.
The motion prevailed.

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HB 39. By Representatives Benton of the 31st, England of the 108th, McKillip of the 115th and Walker of the 107th:
A BILL to be entitled an Act to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages six and 16, so as to provide that notice by local school systems to parents relating to unexcused absences may be made by United States mail; to revise provisions relating to content of notice; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
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 that notice by local school systems to parents relating to unexcused absences may be made by United States mail; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended in Code Section 20-2-690, relating to requirements for private schools and home study programs, by revising subsection (c) 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, which may provide for electronic submittal of such declaration of intent 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

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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 annually to the Department of Education and additionally, in accordance with department regulations for purposes of verification of attendance by the Department of Public Safety, for the purposes set forth in subsection (a.1) of Code Section 40-5-22. The department may provide for electronic submittal of such records 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 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 2. Said subpart is further amended in Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, by revising subsection (c) as follows:

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"(c) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part after the child's school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested, or first-class mail. Prior to any action to commence judicial proceedings to impose a penalty for violating this subsection on a parent, guardian, or other person residing in this state who has control or charge of a child or children, a school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, or first-class mail, to such parent, guardian, or other person who has control or charge of a child, or children. Public schools shall retain signed copies of statements through the end of the school year."
SECTION 3. Said subpart is further amended in Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, by revising subsection (d) as follows:
"(d) Local school superintendents in the case of private schools 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. The Department of Education shall coordinate with local school superintendents with respect to attendance records and notification for students in home study programs."

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SECTION 4. Said subpart is further amended in 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 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. The Department of Education shall coordinate with boards of education and local school superintendents regarding administration of this part with respect to students in home study programs."

SECTION 5. Said subpart is further amended in Code Section 20-2-701, relating to local school superintendents or visiting teachers and attendance officers to report truants to juvenile or other courts, by revising subsection (a) as follows:
"(a) Local school superintendents as applied to private schools 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 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. The Department of Education shall coordinate with local school superintendents with respect to attendance records and notification for students in home study programs."

SECTION 6. Sections 1, 3, 4, and 5 of this Act shall be applicable beginning with school year 20122013.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Benton of the 31st moved that the House agree to the Senate substitute to HB 39.

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

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

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows
Mitchell

E Setzler Y Shaw Y Sheldon Y Sims, B
Sims, C N Smith, E

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Y Atwood Y Baker Y Battles N Beasley-Teague Y Bell Y 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 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 Y 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 Y Hatfield Y Heard

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

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 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 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 Y Taylor, R Y Taylor, T Y Teasley Y Thomas 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
Yates Ralston, Speaker

On the motion, the ayes were 159, nays 9.

The motion prevailed.

Representative Beverly of the 139th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" 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:

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.

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The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions 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. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by revising subsection (b), the introductory language preceding subparagraph (A) in paragraph (1) of subsection (c), and subsection (e) of Code Section 48-5-24, relating to the payment of taxes to county in which returns are made and penalty on delinquent tax payments in certain counties, 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."
"(c)(1) All ad valorem taxes, fees, service charges, and assessments owed by any taxpayer to any county in this state having a population of 800,000 900,000 or more according to the United States decennial census of 2000 2010 or any future such census or to any municipality lying wholly or partially within such county and having a population of 350,000 or more according to the United States decennial census of

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1970 or any future such census, which are not paid when due shall bear interest at the following rates until paid:" "(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 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. Said chapter is further 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 3. This Act shall become effective July 1, 2012.

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

Representative Sheldon of the 105th moved that the House agree to the Senate substitute to HB 634.

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

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

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

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

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

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

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

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
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 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 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 motion, the ayes were 170, nays 0.

The motion prevailed.

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 Senate substitute was read:

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A BILL TO BE ENTITLED AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to 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:
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."

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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.
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

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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 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.

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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.
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.

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(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.
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

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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.
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 Local boards of education 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 Local boards of education 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

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of a bid or offer to sell Georgia manufactured or produced goods as opposed to outof-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)(b) Vendors resident in the State of Georgia are to be granted the same preference over vendors resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state to vendors resident therein over vendors resident in the State of Georgia. (d)(c) Nothing in this Code section shall negate the requirements of Code Section 50-573."
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.
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, which may provide for electronic submittal of such declaration of intent 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

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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 annually to the Department of Education, which may provide for electronic submittal of such records 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 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:

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"(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 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.

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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.

Representative Dudgeon of the 24th moved that the House agree to the Senate substitute to HB 706.

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson E 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 Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey
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 Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Hanner

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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey

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 Y Pruett Y Purcell Y Ramsey
Randall Y Reece Y Rice

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 Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard

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

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

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

Y Riley Y Roberts
Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S

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

On the motion, the ayes were 168, nays 0.

The motion prevailed.

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

Mr. Speaker:

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

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.

The following Bills of the House were taken up for the purpose of considering the Senate action 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

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provide for definitions, procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Powell of the 171st moved that the House insist on its position in disagreeing to the Senate substitute to HB 811 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 Powell of the 171st, Channell of the 116th and Hamilton of the 23rd.
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.
The following Senate substitute was read:
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

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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. At least one of the appointees appointed by the Speaker of the House and at least one of the appointees appointed by the President of the Senate shall be a member of the minority party. 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 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.

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(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 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.

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(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; (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;

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(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 (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:

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(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. (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.

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Representative Martin of the 47th moved that the House agree to the Senate substitute to HB 456.

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

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

Y Davis Dawkins-Haigler
Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar N Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton N 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 N Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne
Houston Y Howard Y Hudson N Hugley
Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S N Jordan Y Kaiser N Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G
Manning Y Marin Y Martin Y Maxwell

N Mayo Y McBrayer Y McCall Y McKillip
Meadows Y Mitchell Y Morgan
Morris 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 Powell, J Y Pruett Y Purcell Y Ramsey N Randall Y Reece Y Rice Y Riley Y Roberts Rogers, C Y Rogers, T Y Rynders Y Scott, M N Scott, S

Y Setzler 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 N Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley
Thomas Y Waites Y Watson Y Welch Y Weldon N 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 144, nays 18.

The motion prevailed.

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 "aye" thereon.

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Representatives Abdul-Salaam of the 74th, Reece of the 11th, and Taylor of the 55th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.
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.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to repeal an article relating to the Georgia Charter Schools Commission; to provide for legislative findings and intent; to provide for definitions; to provide for the establishment of the State Charter Schools Commission; to provide for its membership, duties, and powers; to provide for requirements for state charter schools; to provide for information to parents; to provide for an annual report; to provide for financial responsibility; to provide for funding for state charter schools; to provide for rules and regulations; to revise provisions relating to funding for state chartered special schools; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by repealing Article 31A of Chapter 2, relating to the Georgia Charter Schools Commission, and enacting a new article to read as follows:
"ARTICLE 31A
20-2-2080. (a) The General Assembly finds that:

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(1) State charter schools can serve as a complement to the educational opportunities provided by local boards of education in the state's system of public education; and (2) State charter schools do not supplant public schools operated by local boards of education but provide options to enhance public educational opportunities. (b) It is the intent of the General Assembly that there be established a state-level commission under the authority of the State Board of Education whose primary focus is the development and support of state charter schools in order to better meet the growing and diverse needs of students in this state and to further ensure that state charter schools of the highest academic quality are approved and supported throughout the state in an efficient manner.
20-2-2081. As used in this article, the term:
(1) 'Attendance zone' means all or a portion of a local school system, one or more local school systems or portions thereof, or all local school systems in this state. (2) 'Commission' means the State Charter Schools Commission established pursuant to Code Section 20-2-2082. (3) 'Department' means the state Department of Education. (4) 'Governing board' means the governing board of the nonprofit organization which is the charter petitioner for a state charter school and which is the same as the governing board of the state charter school which is involved in school-level governance of the state charter school. (5) 'State charter school' means a school authorized by the commission pursuant to this article whose creation is authorized as a special school pursuant to Article VIII, Section V, Paragraph VII of the Constitution. A state charter school shall be a public school. The definitions set forth in Code Section 20-2-2062 shall be applicable to this article.
20-2-2082. (a) The State Charter Schools Commission is established as a state-level authorizing entity working in collaboration with the Department of Education under the authority of the State Board of Education. Start-up funds necessary to establish and operate the commission may be received by the State Board of Education in addition to such other funds as may be appropriated by the General Assembly. The department shall assist in securing federal and other institutional grant funds to establish the commission. (b) The commission shall be appointed by the State Board of Education and shall be composed of a total of seven members and made up of three appointees recommended by the Governor, two appointees recommended by the President of the Senate, and two appointees recommended by the Speaker of the House of Representatives. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each recommend a list of no fewer than two nominees for each appointment to the commission. The appointments shall be made as soon as feasible but no later than the first regular meeting of the State Board of Education in February, 2013. Each member

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shall serve a term of two years; provided, however, that, for the purpose of providing staggered terms, of the initial appointments, three members shall be appointed to oneyear terms and four members shall be appointed to two-year terms as determined by the State Board of Education. Thereafter, each appointee shall serve a two-year term unless the State Board of Education, after review and upon recommendation by the initial recommending authority, extends the appointment. If a vacancy occurs on the commission, it shall be filled by the State Board of Education from a recommendation by the appropriate authority according to the procedure set forth in this subsection. The members of the commission shall annually vote to appoint a chairperson and a vice chairperson from among its membership. Each member of the commission shall hold a bachelor's degree or higher, and the commission should include a group of diverse individuals representative of Georgia's school population, to the extent possible, with respect to race, sex, and geography who have experience in finance, administration, law, and education. (c) The commission is encouraged to convene its first meeting no later than March 1, 2013, and thereafter shall meet at least bimonthly at the call of the chairperson or upon the request of four members of the commission. Four members of the commission shall constitute a quorum. (d) The commission shall determine the manner in which it reviews state charter school petitions and may, in its discretion, use existing department personnel to conduct such review. (e) The members of the commission shall not be compensated for their services on the commission but may be reimbursed for per diem and travel expenses in the same manner as provided for in Code Section 45-7-21. (f) No commission member shall solicit or accept any gift, favor, loan, contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing that commission member in the discharge of his or her duties as a commission member.
20-2-2083. (a) The commission shall have the power to:
(1) Approve or deny petitions for state charter schools and renew, nonrenew, or terminate state charter school petitions in accordance with rules and regulations established pursuant to this article. At its discretion, the commission may preliminarily approve a petition for a state charter school before the petitioner has secured space, equipment, or personnel, if the petitioner indicates such preliminary approval is necessary for it to raise working capital. The State Board of Education shall review and may overrule the approval or renewal of a state charter school by the commission within 60 days of such decision by the commission upon a majority vote of the members of the state board; and (2) Conduct facility and curriculum reviews of state charter schools. (b) The commission shall have the following duties:

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(1) Review petitions for state charter schools and assist in the establishment of state charter schools throughout this state. The commission shall ensure that all charters for state charter schools are consistent with state education goals; (2) Develop, promote, and disseminate best practices for state charter schools in order to ensure that high-quality schools are developed and encouraged. At a minimum, the best practices shall encourage the development and replication of academically and financially proven state charter school programs; (3) Develop, promote, and require high standards of accountability for state charter schools. The commission shall ensure that each state charter school participates in the state's education accountability system. If a state charter school falls short of performance measures included in the approved charter, the commission shall report such shortcomings to the Department of Education; (4) Monitor and annually review and evaluate the academic and financial performance, including revenues and expenditures, of state charter schools and hold the schools accountable for their performance pursuant to the charter and to the provisions of this article. The commission shall also review the citizenship and immigration status of each individual that works at a state charter school and aggregate the information by school on an annual basis. The commission's duties to monitor the state charter school shall not constitute the basis for a private cause of action; (5) Direct state charter schools and persons seeking to establish state charter schools to sources of private funding and support; (6) Actively seek, with the assistance of the department, supplemental revenue from federal grant funds, institutional grant funds, and philanthropic organizations. The commission may receive and expend gifts, grants, and donations of any kind from any public or private entity to carry out the purposes of this article; (7) Review and recommend to the General Assembly any necessary revisions to statutory requirements regarding standards and accountability for state charter schools; (8) Act as liaison for state charter schools in cooperating with local boards of education that may choose to allow state charter schools to utilize excess space within school facilities; (9) Encourage collaboration with municipalities, counties, consolidated governments, universities or colleges of the board of regents, technical institutions of the Technical College System of Georgia, and regional educational service agencies; (10) Meet the needs of state charter schools and local school systems by uniformly administering high-quality state charter schools, thereby removing administrative burdens from the local school systems; (11) Assist state charter schools in negotiating and contracting with local boards of education that choose to provide certain administrative or transportation services to the state charter schools on a contractual basis; and (12) Provide for annual training, as determined by the commission, for members of state charter school governing boards. The training shall include, but not be limited

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to, best practices on school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and rules and regulations. (c)(1) The commission shall establish rules and regulations requiring each state charter school to provide adequate notice of its enrollment procedures, including any provision for the use of a random selection process where all applicants have an equal chance of being admitted in the event that the number of applications to enroll in the school exceeds the capacity of the program, grade, or school. (2) The commission shall provide adequate notice to local boards of education and to the public regarding meetings to be held by the commission. Such notice shall include the charter petitions to be discussed and acted upon. Such notice shall be provided in accordance with Chapter 14 of Title 50, relating to open and public meetings.
20-2-2084. (a) Petitions submitted to the commission shall be subject to rules and regulations established pursuant to this article. (b) The commission shall be authorized to approve a petition for a state charter school that meets the following requirements:
(1) Has a state-wide attendance zone; or (2)(A) Has a defined attendance zone; and
(B) Demonstrates that it has special characteristics, such as a special population, a special curriculum, or some other feature or features which enhance educational opportunities, which may include the demonstration of a need to enroll students across multiple communities or an alternative delivery system; provided, however, that the petitioner shall demonstrate a reasonable justification for any proposed special curriculum that has a narrow or limited focus. (c)(1) For petitions for state charter schools with a state-wide attendance zone, the petitioner shall submit such petition to the commission and concurrently to the local board of education in which the school is proposed to be located for information purposes; provided, however, that this shall not apply to a proposed state charter school which will solely provide virtual instruction. (2) For petitions for state charter schools with a defined attendance zone, the petitioner shall concurrently submit such petition to the commission, to the local board of education in which the school is proposed to be located, and to each local school system from which the proposed school plans to enroll students. The commission shall not act on a petition unless the local board of education in which the school is proposed to be located denies the petition; provided, however, that such local board shall approve or deny the petition no later than 60 days after its submission, as required pursuant to subsection (b) of Code Section 20-2-2064, unless the petitioner requested an extension. Failure to approve or deny such petition by such local board, in violation of Code Section 20-2-2064, shall be deemed a denial for purposes of this paragraph. A local board that has denied a petition for a state charter

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school shall be permitted to present to the commission in writing or in person the reasons for denial and the deficiencies in such petition resulting in such denial. (3) The commission may take into consideration any support or opposition by the local board of education or local boards of education on the start-up charter school petition when it votes to approve or deny a corresponding state charter school petition. (d) A state charter school shall: (1) Seek highly qualified, properly trained teachers and other qualified personnel for such schools; provided, however, that such schools shall give preference to hiring an individual who is a citizen or national of the United States over another individual who is not a citizen or national of the United States if the two individuals are equally qualified, unless a teacher is a foreign exchange teacher; provided, however, that prior to hiring an individual other than a citizen or national of the United States or a protected individual as defined in 8 U.S.C. Section 1324b, the school shall receive approval by the commission and demonstrate that qualified teachers and other personnel were sought but not available in such area which warrants hiring an individual other than a citizen or national of the United States or a protected individual as defined in 8 U.S.C. Section 1324b, unless a teacher is a foreign exchange teacher; provided, further, that the commission and the state charter school shall not construe this paragraph in a manner in violation of 8 U.S.C. Section 1324b or other provisions of law; and (2) Give preference in contracting and purchasing of services and materials to businesses incorporated under the laws of this state or qualified to do business within this state and having a regularly maintained and established place of business within this state, so long as such businesses are otherwise similarly situated and qualified as compared to a business from out of state. (e)(1) The members of the governing board for the state charter school shall meet the following qualifications:
(A) Must be a United States citizen; (B) Must be a resident of Georgia; and (C) Must not be an employee of the state charter school. (2) No member of the governing board of the state charter school shall: (A) Act in his or her official capacity in any matter where he or she, his or her immediate family member, or a business organization in which he or she has an interest has a material financial interest that would reasonably be expected to impair his or her objectivity or independence of judgment; (B) Solicit or accept or knowingly allow his or her immediate family member or a business organization in which he or she has an interest to solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing that board member in the discharge of his or her duties as a board member;

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(C) Use, or knowingly allow to be used, his or her position or any information not generally available to the members of the public which he or she receives or acquires in the course of and by reason of his or her position for the purpose of securing financial gain for himself or herself, his or her immediate family member, or any business organization with which he or she is associated; or (D) Be an officer or serve on the board of directors of any organization that sells goods or services to that state charter school. As used in this paragraph, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent. (f) The members of the governing board of each state charter school shall participate in annual training conducted by the commission pursuant to paragraph (12) of subsection (b) of Code Section 20-2-2083. (g) An individual that works at a state charter school or an individual that has administrative oversight at a state charter school shall not serve on the board of directors of an organization that sells goods or services to such state charter school.
20-2-2085. A petition may be submitted pursuant to this Code section by an existing charter school approved by a local board of education or the State Board of Education provided that the obligations of its charter with the local board of education or State Board of Education will expire prior to entering into a new charter with the commission. Upon the existing charter school's request, a local board of education or the State Board of Education in the case of a state chartered special school may agree to rescind or waive the obligations of a current charter to allow a petition to be submitted by an existing charter school pursuant to this Code section. An existing charter school that is established as a state charter school pursuant to this Code section shall be allowed to continue the use of all facilities, equipment, and other assets it used prior to the expiration or rescission of its charter with a local board of education; provided, however, that the local board shall be authorized to charge or continue to charge a reasonable fee for use of the facilities.
20-2-2086. The commission shall provide maximum access to information regarding state charter schools to all parents in this state. It shall maintain information systems, including, but not limited to, a user-friendly Internet website, that will provide information and data necessary for parents to make informed decisions. At a minimum, the commission shall provide parents with information on its accountability standards, links to state charter schools throughout this state, and public education programs concerning state charter schools.

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20-2-2087. Each year, the chairperson of the commission shall appear before the State Board of Education and submit a report regarding the academic performance and fiscal responsibility of all state charter schools approved under this article.
20-2-2088. If a charter for a state charter school is not renewed or is terminated, the state charter school shall be responsible for all debts of such school. Neither the state, the State Board of Education, or the commission shall be liable for any debts of the school in the event the charter is not renewed or is terminated. The local school system may not assume the debt from any contract for services made between the governing body of the state charter school and a third party, except for a debt for which the local school system has agreed upon in writing to assume responsibility.
20-2-2089. (a)(1) The earnings for a student in a state charter school shall be equal to the earnings for any other student with similar student characteristics in a state charter school, regardless of the local school system in which the student resides or the school system in which the state charter school is located, and, except as otherwise provided in paragraph (2) of this subsection, the department shall pay to each state charter school through appropriation of state funds an amount equal to the sum of: (A)(i) QBE formula earnings and QBE grants earned by the state charter school based on the school's enrollment, school profile, and student characteristics. For purposes of this subparagraph, the term 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2161, including the portion of such funds that are calculated in accordance with Code Section 20-2-164. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2184.1, and staff development, as determined by the department. (ii) A proportional share of earned state categorical grants, non-QBE state grants, transportation grants, school nutrition grants, and all other state grants, except state equalization grants, as determined by the department; (B) The average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for the lowest five school systems ranked by assessed valuation per weighted full-time equivalent count, as determined by the department; and (C) The state-wide average total capital revenue per full-time equivalent, as determined by the department. (2) In the event that a state charter school offers virtual instruction:

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(A) The amount of funds received pursuant to subparagraph (B) of paragraph (1) of this subsection shall be equal to two-thirds of such calculated amount; provided, however, that this two-thirds amount may be increased by any amount up to the originally calculated amount in the discretion of the commission if relevant factors warrant such increase; and (B) The commission may reduce the amount of funds received pursuant to subparagraph (C) of paragraph (1) of this subsection in proportion to the amount of virtual instruction provided and based on factors that affect the cost of providing instruction. (3) For purposes of this subsection, the terms: (A) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (B) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted fulltime equivalent count for the year of the digest. (b) The department may withhold up to 3 percent of the amount determined pursuant to subsection (a) of this Code section for each state charter school for use in administering the duties required pursuant to Code Section 20-2-2083; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the commission in performing the duties required by this article. (c) No deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to this chapter as a direct result or consequence of the enrollment in a state charter school of a specific student or students who reside in the geographical area of the local school system. (d) For purposes of funding students enrolled in a state charter school in the first year of such school's operation or for the first year that an existing state charter school offers a new grade level and prior to the initial student count, the commission shall calculate and the department shall distribute the funding for the state charter school on the basis of its projected enrollment according to an enrollment counting procedure or projection method stipulated in the terms of the charter. No later than July 1 of each year, the commission shall notify the department and the Office of Planning and Budget of the funding estimates calculated pursuant to this subsection for any new state charter schools and for any new grade levels offered by existing state charter schools. After the initial student count during the first year of such state charter school's operation or newly offered grade level and in all years of operation thereafter, each state charter school's student enrollment shall be based on the actual enrollment in the current school year according to the most recent student count. Nothing in this Code section shall be construed to require the department to conduct more than two student counts per year. (e) Funding for state charter schools pursuant to this Code section shall be subject to appropriations by the General Assembly and such schools shall be treated consistently with all other public schools in this state, pursuant to the respective statutory funding formulas and grants.

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20-2-2090. The commission shall work in collaboration with the department on all matters related to authorizing state charter schools and shall be assigned to the department for administrative purposes only, as prescribed in Code Section 50-4-3. For administrative purposes, including data reporting, student enrollment counting procedures, student achievement reporting, funding allocations, and related purposes as defined by the State Board of Education, each state charter school shall, consistent with department rules and regulations, be treated as a single local education agency.
20-2-2091. The commission and the State Board of Education, as appropriate, shall adopt rules and regulations necessary to facilitate the implementation of this article. Except as otherwise provided in this article, any rules and regulations adopted by the State Board of Education pursuant to this article, to the extent practicable, shall be established in the same manner and subject to the same requirements as for state chartered special schools under Article 31 of this chapter."
SECTION 2A. Said title is further amended by revising subsection (d) of Code Section 20-2-2068.1, relating to funding for charter schools, as follows:
"(d)(1) QBE formula earnings, applicable QBE grants, applicable non-QBE state grants, and applicable federal grants that are earned by a state chartered special school shall be distributed to the local board of the local school system in which the state chartered special school is located which shall distribute the same amount to the state chartered special school; provided, however, that a state chartered special school shall not be included in the calculation and distribution of the local school system's equalization grant unless the voters of the local school system have approved the use of revenue from local tax levies and funds from local bonded indebtedness to support the state chartered special school in accordance with subsection (e) of this Code section. If such approval has been given, state equalization grant earnings shall be earned for the state chartered special school and shall be distributed as provided in subsection (f) of this Code section. Effective July 1, 2012, except as otherwise provided in paragraph (2) of this subsection, the department shall pay to each state chartered special school through appropriation of state funds an amount equal to the sum of:
(A)(i) QBE formula earnings and QBE grants earned by the state chartered special school based on the school's enrollment, school profile, and student characteristics. For purposes of this subparagraph, the term 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2-161, including the portion of such funds that are calculated in accordance with Code Section 20-2-164. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for

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psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development, as determined by the department. (ii) A proportional share of earned state categorical grants, non-QBE state grants, transportation grants, school nutrition grants, and all other state grants, except state equalization grants, as determined by the department; (B) The average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for the lowest five school systems ranked by assessed valuation per weighted full-time equivalent count, as determined by the department; and (C) The state-wide average total capital revenue per full-time equivalent, as determined by the department. (2) In the event that a state chartered special school offers virtual instruction: (A) The amount of funds received pursuant to subparagraph (B) of paragraph (1) of this subsection shall be equal to two-thirds of such calculated amount; provided, however, that this two-thirds amount may be increased by any amount up to the originally calculated amount in the discretion of the department if relevant factors warrant such increase; and (B) The department may reduce the amount of funds received pursuant to subparagraph (C) of paragraph (1) of this subsection in proportion to the amount of virtual instruction provided and based on factors that affect the cost of providing instruction. (3) For purposes of this subsection, the terms: (A) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (B) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted fulltime equivalent count for the year of the digest. (4) The department may withhold up to 3 percent of the amount determined pursuant to paragraphs (1) and (2) of this subsection for each state chartered special school for use in administering the duties required pursuant to this article with respect to state chartered special schools; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the department in performing the duties required by this article with respect to state chartered special schools. (5) No deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to this chapter as a direct result or consequence of the enrollment in a state chartered special school of a specific student or students who reside in the geographical area of the local school system. (6) Funding for state chartered special schools pursuant to this subsection shall be subject to appropriations by the General Assembly and such schools shall be treated

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consistently with all other public schools in this state, pursuant to the respective statutory funding formulas and grants. (7) The local board shall not be responsible for the fiscal management, accounting, or oversight of the state chartered special school. The state chartered special school shall report enrolled students in a manner consistent with Code Section 20-2-160. Any data required to be reported by the state chartered special school shall be submitted directly by the school to the appropriate state agency. Where feasible, the state board shall treat a state chartered special school no less favorably than other public schools within the state with respect to the provision of funds for transportation and building programs."
SECTION 3. (a)(1) Section 1 of this Act shall become effective on January 1, 2013, only if a Constitutional amendment expressly authorizing the General Assembly to create state charter schools as special schools is ratified at the November, 2012, general election. (2) If such an amendment to the Constitution is not so ratified, then Section 1 of this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013. (b) All other sections of this Act shall become effective on July 1, 2012.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Taylor of the 55th et al. offer the following amendment:
Amend the substitute to HB 797 (HB 797/SCSFA/2) by inserting after "article." on line 91 the following:
The commission shall not approve or renew a charter petition for a state charter school which is proposed to be managed by a private for profit management company. In the event that a charter petition for a state charter school proposes to be managed by a private nonprofit management company, the charter petitioner shall make public the amount to be paid to such private nonprofit management company for the operation of such state charter school prior to approval by the commission.
Representative Taylor of the 55th moved that the House agree to the Senate substitute, as amended by the House, to HB 797.
The Speaker ruled the Taylor amendment out of order.
Representative Jones of the 46th moved that the House agree to the Senate substitute to HB 797.

THURSDAY, MARCH 29, 2012

5687

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

N Abdul-Salaam N Abrams Y Allison Y Amerson E 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 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
Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Harrell Y 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 N Howard Y Hudson N Hugley N Jackson Y Jacobs E James Y Jasperse Y Jerguson N Johnson Y Jones, J Y Jones, S N Jordan Y Kaiser N Kendrick Y Kidd
Kirby 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 N Mitchell Y 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
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 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 N Smyre Y Spencer N Stephens, M
Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas N 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 motion, the ayes were 117, nays 55.

The motion prevailed.

Due to a mechanical malfunction, the vote of Representative Stephens of the 164th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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JOURNAL OF THE HOUSE

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Heath of the 31st, Chance of the 16th, and Rogers of the 21st.
The Senate insists on its substitute to the following bill of the House:
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 Senate has passed by the requisite constitutional majority the following bill of the House:
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.

THURSDAY, MARCH 29, 2012

5689

Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others:
A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Lindsey of the 54th moved that the following Bill of the House be taken from the table:
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 motion prevailed.
Representative Lindsey of the 54th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted 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.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:

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JOURNAL OF THE HOUSE

HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others:
A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Pruett of the 144th moved that the House insist on its position in disagreeing to the Senate substitute to HB 347 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 Pruett of the 144th, Hembree of the 67th and England of the 108th.
The Speaker Pro Tem assumed the Chair.
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, MARCH 29, 2012
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:
DEBATE CALENDAR
Open Rule
None
Modified Open Rule
None

THURSDAY, MARCH 29, 2012

5691

Modified Structured Rule

SB 114 SB 432 SB 470 SB 492 SB 533

Distilled Spirits; provide for issuance of a manufacturer's/distiller's license to a fruit grower; certain circumstances (Substitute)(RegI-Powell-29th) Grant-25th Crimes and Offenses; define a certain term; political subdivision shall not enact any ordinance more restrictive of sale/possession of knife than general law (PS&HS-Knight-126th) Heath-31st Patient Self-Referral; revise the definition of "rural area" (Substitute)(H&HS-Kidd-141st) Goggans-7th State Purchasing; require state contracts awards for heavy equipment follow certain specific procedures (Substitute)(Judy-Hembree-67th) Mullis53rd Floyd County; provide for nonpartisan elections (IGC) Loudermilk-52nd

Structured Rule

SB 350

Crimes and Offenses; disposition of firearms used in burglaries or armed robberies (JudyNC-Setzler-35th) Balfour-9th

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

SB 492. By Senator Mullis of the 53rd:

A BILL to be entitled an Act to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to require that state contract awards for heavy equipment follow certain specific procedures; 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

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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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 36-91-21 of the Official Code of Georgia Annotated, relating to competitive award requirements, is amended by redesignating existing subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting a new subsection (f) to read as follows:
"(f) Unless otherwise required by law, no governmental entity that contracts for public works construction shall in its bid documents, specifications, project agreements, or other controlling documents for a public works construction contract:
(1) Require or prohibit bidders, offerors, contractors, subcontractors, or material suppliers to enter into or adhere to prehire agreements, project labor agreements, collective bargaining agreements, or any other agreement with one or more labor organizations on the same or other related construction projects; or (2) Discriminate against, or treat differently, bidders, offerors, contractors, subcontractors, or material suppliers for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations on the same or other related construction projects.
Nothing in this subsection shall prohibit bidders, offerors, contractors, subcontractors, or material suppliers from voluntarily entering into agreements described in paragraph (1) of this subsection."
SECTION 2. 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, is amended by revising subsection (b) of Code Section 50-5-67, relating to state purchasing through competitive bidding, as follows:
"(b)(1) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation

THURSDAY, MARCH 29, 2012

5693

charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.
(2)(A) As used in this paragraph, the term: (i) 'Commercial use applications' means self-propelled, self-powered, or pull-type equipment and machinery including diesel engines. The term shall not include motor vehicles requiring registration and certificate of title or equipment that is considered consumer goods, as that term is defined in Code Section 11-9-102. (ii) 'Multiple award schedule contract' means a contract that allows multiple vendors to be awarded a state contract for goods or services by providing catalogues of equipment and attachments to eligible purchasers including state agencies, departments, institutions, public school districts, and political subdivisions. Multiple award schedule contract bids shall be evaluated based upon a variety of factors, including but not limited to discounts, total life costs, service, warranty, machine performance and durability, resale value, product support, and past vendor performance. Multiple award schedule contracts shall allow multiple vendors to bid and be awarded a contract based upon the value of their products and demonstrated results in competitive pricing, product updates, transparency, administrative savings, expedited procurement, and flexibility for state purchasers.
(B) When the commissioner of administrative services determines it to be in the best interest of the state, a multiple award schedule contract may be let for the purchase of equipment used for commercial use applications. All bidders for contracts for the purchase of equipment for commercial use applications shall be required to submit a complete bid package and be the authorized dealer or vendor for a leading manufacturer of equipment used for commercial use applications. Bidders may add additional equipment with a guaranteed minimum discount off the manufacturer's suggested consumer list price in the bid in order to increase the options available to the state. (C) Nothing in this paragraph shall limit multiple award schedule contracts to commercial use applications."
SECTION 3. Said part is further amended by revising Code Section 50-5-72, relating to construction and public works contracts conducted by the Department of Administrative Services and exceptions, as follows:

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"50-5-72. (a) Notwithstanding any other provision of this part or any other law dealing with the subject matter contained in this Code section to the contrary, all construction or public works contracts, exceeding a total expenditure of $100,000.00, of any department, board, bureau, commission, office, or agency of the state government, except as provided in this Code section, shall be conducted and negotiated by the Department of Administrative Services in accordance with this part; provided, however, that any expenditure of less than $100,000.00 shall still be subject to review and approval by the Department of Administrative Services, which may approve noncompetitive expenditures of up to $100,000.00. (b) All advertising costs incurred in connection with such contracts shall be borne by and paid from the funds appropriated to and available to the department, board, bureau, commission, office, or agency of the state government for which the contract is negotiated. (c) Unless otherwise required by law, the Department of Administrative Services shall not in its bid documents, specifications, project agreements, or other controlling documents for a public works construction contract:
(1) Require or prohibit bidders, offerors, contractors, subcontractors, or material suppliers to enter into or adhere to prehire agreements, project labor agreements, collective bargaining agreements, or any other agreement with one or more labor organizations on the same or other related construction projects; or (2) Discriminate against, or treat differently, bidders, offerors, contractors, subcontractors, or material suppliers for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations on the same or other related construction projects. Nothing in this subsection shall prohibit bidders, offerors, contractors, subcontractors, or material suppliers from voluntarily entering into agreements described in paragraph (1) of this subsection. (d) The commissioner of administrative services is authorized and directed to promulgate such rules and regulations as shall carry out the additional duties and responsibilities placed upon the department by this Code section. (e) Nothing contained in this Code section shall apply to or affect the Department of Transportation, the several public authorities of this state, including the Stone Mountain Memorial Association and the Board of Regents of the University System of Georgia, or the expenditure of money credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the Social Security Act and appropriated as provided in Code Section 34-8-85. No contract in existence on March 18, 1964, shall be affected by this Code section, and such contract may continue to be utilized."
SECTION 4. This Act shall become effective on July 1, 2012, and shall apply to all contracts entered into on or after such date.

THURSDAY, MARCH 29, 2012

5695

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Hembree of the 67th offers the following amendment:
Amend the House Committee on Judiciary substitute to SB 492 by replacing lines 1 through 121 with the following:
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 for certain multiple award schedule contracts for the purchase of equipment for commercial use applications; 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 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, is amended by revising subsection (b) of Code Section 50-5-67, relating to state purchasing through competitive bidding, as follows:
"(b)(1) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.
(2)(A) As used in this paragraph, the term:

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JOURNAL OF THE HOUSE

(i) 'Commercial use applications' means self-propelled, self-powered, or pull-type equipment and machinery including diesel engines. The term shall not include motor vehicles requiring registration and certificate of title or equipment that is considered consumer goods, as that term is defined in Code Section 11-9-102. (ii) 'Multiple award schedule contract' means a contract that allows multiple vendors to be awarded a state contract for goods or services by providing catalogues of equipment and attachments to eligible purchasers including state agencies, departments, institutions, public school districts, and political subdivisions. Multiple award schedule contract bids shall be evaluated based upon a variety of factors, including but not limited to discounts, total life costs, service, warranty, machine performance and durability, resale value, product support, and past vendor performance. Multiple award schedule contracts shall allow multiple vendors to bid and be awarded a contract based upon the value of their products and demonstrated results in competitive pricing, product updates, transparency, administrative savings, expedited procurement, and flexibility for state purchasers. (B) When the commissioner of administrative services determines it to be in the best interest of the state, a multiple award schedule contract may be let for the purchase of equipment used for commercial use applications. All bidders for contracts for the purchase of equipment for commercial use applications shall be required to submit a complete bid package and be the authorized dealer or vendor for a leading manufacturer of equipment used for commercial use applications. Bidders may add additional equipment with a guaranteed minimum discount off the manufacturer's suggested consumer list price in the bid in order to increase the options available to the state. (C) Nothing in this paragraph shall limit multiple award schedule contracts to commercial use applications."

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 E Anderson Y Ashe

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell

Y Setzler Y Shaw
Sheldon Y Sims, B
Sims, C Y Smith, E

THURSDAY, MARCH 29, 2012

5697

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

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

Y Morgan Y Morris Y Mosby Y Murphy
Neal, J Y Neal, Y
Nimmer Y Nix Y Oliver Y O'Neal
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 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
Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas 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, as amended, the ayes were 161, nays 0.

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

Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 114. By Senators Grant of the 25th, Staton of the 18th, Hooks of the 14th and Shafer of the 48th:

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 provide for the issuance of a manufacturer's or distiller's license to a fruit grower for the manufacture of distilled spirits under certain circumstances; to provide for the issuance of a manufacturer's or distiller's license authorizing the manufacture of distilled spirits from agricultural products other than

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JOURNAL OF THE HOUSE

perishable fruits grown in this state 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 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 provide for the issuance of a manufacturer's or distiller's license to a fruit grower for the manufacture of distilled spirits under certain circumstances; to provide for the issuance of a manufacturer's or distiller's license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state under certain circumstances; to change certain provisions relating to the sale or disposal of certain distilled spirits or alcohol; to provide for certain educational and promotional tours; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales, is amended by revising Code Section 3-4-24, relating to the issuance to fruit growers of license to manufacture distilled spirits, storage and disposition, limitations upon manufacture and sale, issuance of manufacturer's or distiller's license in certain counties or municipalities, as follows:
"3-4-24. (a) The commissioner may issue a license to a fruit grower authorizing the grower to manufacture distilled spirits from perishable fruits grown in this state. (b) If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol. (c) It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
(1) In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or

THURSDAY, MARCH 29, 2012

5699

(2) To any person not holding a wholesale or retail an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state. (d) No A manufacturer's or distiller's license shall may be issued pursuant to this Code section to a fruit grower for the manufacture of distilled spirits in any county or municipality of this state that has not approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter. (e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
3-4-24.1. (a) The commissioner may issue a license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state. (b) If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol. (c) It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
(1) In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or (2) To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state. (d) A manufacturer's or distiller's license may be issued pursuant to this Code section for the manufacture of distilled spirits from agricultural products other than perishable fruits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter. (e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

Y Abdul-Salaam Y Abrams Y Allison Y Amerson E Anderson
Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock N 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 N Collins Y Cooke
Coomer Y Cooper N 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 N Dutton Y Ehrhart
England Y Epps, C Y Epps, J Y Evans N 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

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 E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby 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 McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan E Morris
Mosby Y Murphy N Neal, J Y Neal, Y Y Nimmer N 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 N Reece Y Rice Y Riley N 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 Y Smith, E Y 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 Y Taylor, R Y Taylor, T N Teasley Y Thomas Y Waites Y Watson N 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 147, nays 15.

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

SB 533. By Senator Loudermilk of the 52nd:

A BILL to be entitled an Act to provide for nonpartisan judicial elections in Floyd County; to provide that the judge of the Probate Court of Floyd County and the chief magistrate of Floyd County shall be elected in nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 29, 2012

5701

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

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

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

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

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

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

N Setzler Y Shaw
Sheldon Y Sims, B
Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R
Smith, T Y Smyre N Spencer Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T N Teasley Y Thomas N Waites Y Watson N Welch
Weldon N Wilkerson Y Wilkinson
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, the ayes were 106, nays 59.

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:

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The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 432. By Senators Heath of the 31st, Mullis of the 53rd, Loudermilk of the 52nd and Rogers of the 21st:
A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to possession of dangerous weapons, so as to define a certain term; to provide that a political subdivision shall not enact any ordinance which is more restrictive of the sale or possession of a knife than general law; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, MARCH 29, 2012

5703

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

N Abdul-Salaam N Abrams Y Allison Y Amerson E Anderson N Ashe Y Atwood Y 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 N Coleman Y Collins Y Cooke Y Coomer Y Cooper Y Crawford

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

N Heckstall 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 E James Y Jasperse Y Jerguson N Johnson
Jones, J N Jones, S N Jordan Y Kaiser N Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey N 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 Y Morgan E Morris N Mosby Y Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix Y 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 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 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 Y Thomas N Waites Y Watson Y Welch
Weldon N Wilkerson Y Wilkinson
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, the ayes were 124, nays 46.

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

Representative Murphy of the 120th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 350. By Senators Balfour of the 9th, Sims of the 12th, Hamrick of the 30th and Hooks of the 14th:

A BILL to be entitled an Act to amend Chapter 16 of Title 16 of the Official Code of Georgia Annotated, relating to forfeiture of property used in

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burglary or armed robbery, so as to provide for the disposition of firearms used in burglaries or armed robberies; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of seized property, so as to provide for the disposition of firearms seized in criminal investigations and surplus firearms of law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Pursuant to Rule 133, Representative Jerguson of the 22nd was excused from voting on SB 350.

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

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

N Abdul-Salaam N Abrams Y Allison Y Amerson E Anderson N 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 N Bruce N 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 Dawkins-Haigler
Y Dempsey N Dickerson Y Dickey Y Dickson N 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 N Floyd N Fludd N Frazier N Fullerton 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 Y Hatfield N Heard

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

N Mayo McBrayer
Y McCall Y McKillip Y Meadows N Mitchell N Morgan E 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 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 N 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 N Waites Y Watson Y Welch
Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E N Williams, R Y Williamson Y Yates
Ralston, Speaker

THURSDAY, MARCH 29, 2012

5705

On the passage of the Bill, the ayes were 115, nays 54.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Cooper of the 41st and McBrayer of the 153rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SB 470. By Senator Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient self-referral, so as to revise the definition of "rural area"; 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 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient self-referral, so as to revise the definition of "rural area"; 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 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient selfreferral, is amended in Code Section 43-1B-3, relating to definitions, by revising paragraph (11) as follows:
"(11) 'Rural area' means: a (A) A county with a population density of no greater than 65 persons per square mile, as defined by the United States decennial census of 1990; or (B) In a county in which a military junior college is located, an area which is not an urban area, as defined in 42 C.F.R. Section 412.62(f)(1)(ii)."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles N 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 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 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 E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby 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
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 Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas 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 170, nays 1.

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

The Speaker Pro Tem announced the House in recess until 4:30 o'clock, this afternoon.

The Speaker called the House to order.

THURSDAY, MARCH 29, 2012

5707

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 516. By Senator Carter of the 1st:
A BILL to be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Magistrate Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4222), so as to provide for the collection of additional costs as law library fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following Resolutions of the House were read and adopted:
HR 2167. By Representatives Marin of the 96th and Casas of the 103rd:
A RESOLUTION recognizing and commending the Latin American Association; and for other purposes.
HR 2168. By Representative Neal of the 1st:
A RESOLUTION honoring the life and memory of Jordan Douglas Queen; and for other purposes.
HR 2169. By Representative Neal of the 1st:
A RESOLUTION recognizing and commending the Gordon Lee High School wrestling team on winning the 2011-2012 State Championships; and for other purposes.
HR 2170. By Representative Cheokas of the 134th:
A RESOLUTION honoring the life and memory of Mr. Steven Russell Ledbetter; and for other purposes.
HR 2171. By Representatives Clark of the 98th and Sheldon of the 105th:
A RESOLUTION recognizing and commending Captain Harry "Ken" Wilson; and for other purposes.

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HR 2172. By Representative Kidd of the 141st:
A RESOLUTION recognizing and commending the Epsilon Nu Chapter of Kappa Alpha Order; and for other purposes.
HR 2173. By Representative Kidd of the 141st:
A RESOLUTION recognizing and commending Water Energy Technologies, Incorporated; and for other purposes.
The following Bill and Resolution of the House were taken up for the purpose of considering the Senate action 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 Senate substitute was read:
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

THURSDAY, MARCH 29, 2012

5709

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
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

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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
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

THURSDAY, MARCH 29, 2012

5711

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
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

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WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service 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
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 27, 2010; 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

THURSDAY, MARCH 29, 2012

5713

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
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 ordnance disposal and earned qualifications as a Naval Parachutist, Scuba Diving Supervisor, and Senior Explosive Ordnance 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

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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.
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

THURSDAY, MARCH 29, 2012

5715

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
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 WHEREAS, Mr. Bert Ward was born on May 30, 1922, in Catoosa County, Georgia, was educated in the Catoosa County public school system, and graduated from Ringgold High School; and

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WHEREAS, Mr. Ward served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously protecting his fellow Americans during World War II on the USS Gillis and the USS Williamson in the Pacific; and
WHEREAS, he sustained injuries during his service when his ship was torpedoed by Japanese submarines in the North Pacific; and
WHEREAS, upon returning home after the war, Mr. Ward continued his public service as Catoosa County Tax Commissioner, diligently and conscientiously devoting innumerable hours of his time, talents, and energy toward the betterment of his community and state for 19 years; and
WHEREAS, he was elected to represent Catoosa County as a State Representative in the Georgia General Assembly in 1967 and 1968; and
WHEREAS, Mr. Ward served as a judge in Catoosa County for several years before he was elected to serve on the Board of Commissioners of Catoosa County; and
WHEREAS, as a member of the Board of Commissioners, Mr. Ward was instrumental in establishing procedures, policies, and rules and regulations of the board and helped in the establishment of the county's 911emergency response system and the naming of the Catoosa Parkway; and
WHEREAS, Mr. Ward'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 earned him the respect and admiration of his colleagues and associates; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and service of this remarkable and distinguished Georgian be appropriately recognized.
PART XIII WHEREAS, the Rev. Martin Luther King, Jr., stands as one of the most prominent Georgians of the 20th Century; and
WHEREAS, Rev. King attended public school in Georgia, graduating from high school at the age of 15, and received his bachelor's degree in 1948 from Morehouse College; and
WHEREAS, after three years of theological study at Crozer Theological Seminary in Pennsylvania, where he was elected president of the senior class, he was awarded a divinity degree in 1951, and, with a fellowship won at Crozer, he enrolled in graduate studies at Boston University, completing his residence for the doctorate in 1953 and receiving his doctoral degree in 1955; and

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WHEREAS, in 1957, he was elected president of the Southern Christian Leadership Conference, and, in the 11 years between 1957 and 1968, he traveled over 6 million miles and spoke over 2,500 times in support of civil rights and wrote five books as well as numerous articles; and
WHEREAS, he led a massive protest in Birmingham, Alabama, that caught the attention of the entire world, providing what he called a coalition of conscience and inspiring his "Letter from a Birmingham Jail," a manifesto of the Civil Rights Movement in the United States; and
WHEREAS, he also planned and participated in numerous protests and demonstrations for the cause of civil rights including the peaceful march on Washington, D.C., of 250,000 people to whom he delivered his famous "I Have a Dream" address at the Lincoln Memorial; and
WHEREAS, he was awarded five honorary degrees; was named Man of the Year by Time magazine in 1963; and, at the age of 35, was the youngest man to have been awarded the Nobel Peace Prize; and
WHEREAS, through his tireless work on behalf of civil rights for all people, he became not only the symbolic leader of African Americans in the United States but also a world figure in the fight for justice for all; and
WHEREAS, it is fitting and proper to dedicate the entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line as the Martin Luther King, Jr., Parkway as an appropriate tribute to this outstanding Georgian.
PART XIV WHEREAS, Roy Parrish was born in Walker County, Georgia, on November 29, 1933, one of four children born to Roy E. Parrish, Sr., and the former Annie May Autry; the Parrish family and the Autry family were pioneers to Walker County and have made this county their homes since the eighteenth century; and
WHEREAS, Mr. Parrish was educated in the City of Chickamauga School System and graduated from Gordon Lee High School in 1953; he started to work for the Chickamauga Telephone Company while still in high school, and he remained in their employ for 19 years, the last several as general manager; and
WHEREAS, he also served two years on active duty with the United States Army in Korea; and

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WHEREAS, he was elected Sole Commissioner of Walker County in the Democratic Primary of 1972 and took office January 1, 1973; he went on to serve six, four-year terms; and
WHEREAS, some of his major accomplishments include building the first sanitary landfill in 1973 and operating it for 23 years; building and paving the county roads; passing the first Local Option Sales Tax Referendum in 1977 that rolled back county property tax and for the first time offered property tax relief to the local community; building the civic center, pavilion, and the 911 Center; building a tunnel from the courthouse to the jail for security; and building and operating an animal shelter, 16 fire stations, and 126 bridges; and
WHEREAS, Mr. Parrish worked with Georgia Department of Transportation and the United States Department of the Interior as well as the National Park Service and Congressman Buddy Darden to get a better corridor through or around the Chickamauga Battlefield and was largely responsible for getting the western route through Walker County established as the relocated Highway 27 around the Chickamauga National Park; and
WHEREAS, he has been married to the former Cora Ann Kell, also a native of Walker County, for more than 50 years, and they have two children, two grandchildren, and two great-grandchildren; they live in the City of Chickamauga where they are active members of the Elizabeth Lee United Methodist Church; and
WHEREAS, he retired, undefeated, from public office in 1996 and now enjoys the freedom of retirement; he and Cora Ann spend time traveling, enjoying their family, gardening, and working in their church where Roy has recruited many of his friends; and
WHEREAS, it is only fitting and proper that a lasting tribute to this life of public service be established.
PART XV WHEREAS, Dr. Johnny M. Hunt has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and
WHEREAS, Dr. Hunt was born on July 17, 1952, in Lumberton, North Carolina, and is a graduate of Gardner-Webb College and Southeastern Baptist Theological Seminary; and
WHEREAS, he has served as pastor of Longleaf Baptist Church in Wilmington, North Carolina; Falls Baptist Church in Wake Forest, North Carolina; and Lavonia Baptist Church in Mooresboro, North Carolina; and

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WHEREAS, Dr. Hunt was called by the Lord in 1986 to lead the congregation of First Baptist Church of Woodstock as the church's senior pastor; and
WHEREAS, his vision and direction have helped First Baptist Church of Woodstock grow in size and influence, uplifting the community like the light of Bethlehem and serving as a spiritual leader and place for fellowship; and
WHEREAS, Dr. Hunt has served as president of the Southern Baptist Convention and president of the Pastors' Conference of the Southern Baptist Convention; and
WHEREAS, whether the task is preparing a sermon, visiting the sick, counseling the troubled, baptizing a new believer, or acting as a theologian, educator, administrator, or humanitarian, Dr. Hunt serves as a shining example of God's righteous path; and
WHEREAS, the unmatched spiritual assistance offered by Dr. Hunt is a source of strength and direction for persons in all walks of life and from all economic strata; and
WHEREAS, it is abundantly fitting and proper that this enduring example of God's message of peace and love be recognized.
PART XVI 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, Korean War 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 served as guardians of this nation's freedom and liberty and diligently and conscientiously underwent intensive and rigorous training in order to serve their country with honor and distinction during a time of war; and
WHEREAS, it is important that Korean War 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, Korean War 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.

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PART XVII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Lance Corporal William Taylor Richards; and
WHEREAS, Lance Corporal Richards served as a guardian of this nation's freedom and liberty with the United States Marines Corps; and
WHEREAS, he was born on January 31, 1990, in Trenton, Georgia, and graduated from Dade County High School, where he was known as a talented musician; and
WHEREAS, Lance Corporal Richards was stationed in the Helmand province of Afghanistan when he was killed while serving in support of Operation Enduring Freedom; and
WHEREAS, Lance Corporal Williams was awarded a Rifle Expert Medal, an Afghanistan Campaign Medal, a National Defense Service Medal, a Global War Service Medal, a War on Terrorism Medal, and a Purple Heart; and
WHEREAS, he leaves behind many who will cherish his memory, including his wife Emily and his beautiful daughter Kayden Leigh; and
WHEREAS, it is only fitting and proper that a lasting memorial to Lance Corporal Richards' life of service to his country be established.
PART XVIII WHEREAS, Mr. William G. Long has long been recognized by the citizens of this state for the vital role he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Mr. Long 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 to the City of Woodstock as a city council member, a member of the Planning Commission, a city judge, and mayor over the course of 40 years; and
WHEREAS, first elected to serve the public in 1966 as a member of the Woodstock City Council, Mr. Long is one of Woodstock's most distinguished citizens and dedicated servants; and
WHEREAS, Mr. Long'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 earned him the respect and admiration of his colleagues and associates; and

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WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized.
PART XIX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Preston B. Lewis, Jr.; and
WHEREAS, a graduate of Waynesboro High School, Mr. Lewis served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting America during the Korean War; and
WHEREAS, he trained at the United States Navy Submarine School, received a Bronze Star, and attained the rank of captain; and
WHEREAS, Mr. Lewis graduated from the University of Georgia with a bachelor's degree in business administration and a law degree before he joined his father's legal practice, Lewis & Lewis, where he practiced law for 30 years; and
WHEREAS, he served as juvenile court judge for more than 30 years and served the people of Georgia as a member of the Georgia House of Representatives for six terms and the Georgia Senate for one term; and
WHEREAS, a community leader, Mr. Lewis was a Rotarian and served as president of the Waynesboro Shrine Club and as a member of the Waynesboro Masonic Lodge, the American Legion, and First United Methodist Church; and
WHEREAS, he left behind many who will cherish his memory, including his wife of 58 years, Katherine Honey Hill; four children, Preston Brooks Lewis III, Clifford Ellis Lewis, Julian Carlton Lewis, and Katherine Virginia Lewis Jones; and 11 grandchildren; and
WHEREAS, it is only fitting and proper that a lasting memorial to Mr. Lewis' life of service to this state be established.
PART XX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Deputy James D. Paugh on October 23, 2011; and
WHEREAS, Deputy Paugh 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

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WHEREAS, known by friends and family as "J.D.," Deputy Paugh was a dedicated deputy with the Richmond County Sheriff's Office for 17 years; and
WHEREAS, Deputy Paugh's life was tragically cut short after stopping behind a vehicle on Interstate Route 520 in Augusta-Richmond County when the occupant of the vehicle opened fire upon him; and
WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and his efficient and effective commitment to excellence was continually recognized by his peers; and
WHEREAS, a native of Augusta, Georgia, Deputy Paugh was the beloved son of Wayne and Anita Paugh and father of Brandon; and
WHEREAS, Deputy Paugh was a dedicated public servant who will long be remembered for his courage and selflessness, and he will be missed by all who had the great fortune of knowing him.
PART XXI WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Ossie Davis; and
WHEREAS, Mr. Raiford Chatman Davis, better known as Ossie Davis, was born in Clinch County, Georgia, on December 18, 1917, and graduated from Center High School in 1934; and
WHEREAS, he was a member of the Rose McClendon Players acting group in Harlem before enlisting with the United States Army to serve as a guardian of this nation's freedom and liberty during World War II; and
WHEREAS, during his time in the military, Mr. Davis wrote performances and put on shows for his fellow troops; and
WHEREAS, after the war, Mr. Davis made his Broadway debut in Jeb in 1946 and went on to star in such plays as A Raisin in the Sun, Jamaica, I'm Not Rappaport, and Purlie Victorious; and
WHEREAS, he appeared in numerous film, television, and radio works, including The Ossie Davis & Ruby Dee Story Hour, The Scalphunters, Do the Right Thing, Get on the Bus, The Stand, The Client, Roots: The Next Generation, Evening Shade, and With Ossie & Ruby; and

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WHEREAS, Mr. Davis authored several books for young readers, including Escape to Freedom: A Play about Young Frederick Douglass, Langston, and Just Like Martin; and
WHEREAS, he was well respected among Civil Rights activists for his work as master of ceremonies for the 1963 March on Washington, raising money for Freedom Riders arrested in the South for violating segregation laws, and championing the work of Paul Robeson, W.E.B. DuBois, A. Philip Randolph, Malcolm X, Martin Luther King, Jr., and Frannie Lou Hammer; and
WHEREAS, Mr. Davis was recognized with numerous honors and accolades, including the Screen Actors Guild Life Achievement Award, the NAACP Image Award, the Marian Anderson Award, a Grammy Award for Spoken Word, the National Medal of Art, and the Kennedy Center Honors; and
WHEREAS, it is only fitting and proper that a lasting memorial to Mr. Davis's life of service to this state be established.
PART XXII WHEREAS, Superior Court Judge Kenneth O. Nix was raised in the Grove Park Commons of Grove Park; and
WHEREAS, he graduated from West Fulton High School, and he has been known as a great athlete over the years; and
WHEREAS, he has resided in Cobb County all of his adult life and served in the Georgia House of Representatives and was later appointed and re-elected to the Cobb County State Court; and
WHEREAS, several years later, Judge Nix was appointed to the Cobb County Superior Court and was re-elected on several occasions until he retired this past year to spend more time with his loving wife and family in Smyrna, Georgia; and
WHEREAS, Judge Nix has served with honor and distinction with the State of Georgia, and his vision and unyielding commitment is appreciated by the citizens of his community and state; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized.
PART XXIII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that:

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(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; (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 bridge on Catoosa Parkway over Tiger Creek in Catoosa County is dedicated as the Bert Ward Memorial Bridge; (13) The entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line is dedicated as the Martin Luther King, Jr., Parkway; (14) This body desires to honor Roy Parrish by renaming the portion of US 27/SR 1 from the city limits of Fort Oglethorpe south to Shields Crossing as the Roy Parrish Parkway;

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(15) The portion of State Route 92 in Cherokee County from Neese Road to Trickum Road is dedicated as the Johnny Hunt Highway; (16) This body hereby joins in honoring veterans of the Korean War and dedicates Interstate 59 in Dade County from the Alabama state line to the interchange with I-24 as the Korean War Veterans Memorial Highway; (17) This body hereby joins in honoring the life and memory of Marine Lance Corporal William Taylor Richards and dedicates the portion of Highway 11 in Dade County from the Alabama state line to the Tennessee state line as the Lance Corporal William Taylor Richards Memorial Highway; (18) The interchange at Interstate 575 and Ridgewalk Parkway in the City of Woodstock is dedicated as the William G. Long Interchange at Ridgewalk Parkway; (19) This body hereby joins in honoring the life and memory of Mr. Preston B. Lewis, Jr., and dedicates the portion of U.S. Highway 25N from Waynesboro to Walnut Branch as the Preston B. Lewis, Jr., Memorial Highway; (20) The portion of Interstate Route 520 in Richmond County from Exit 2 (Wrightsboro Road) to Exit 3 (Gordon Highway) is dedicated as the Deputy James D. Paugh Memorial Highway; (21) This body hereby joins in honoring the life and memory of Mr. Ossie Davis and dedicates the portion of U.S. Highway 1/State Route 4 Business within the city limits of Waycross in Ware County as the Ossie Davis Parkway; (22) That the portion of South Cobb Drive beginning at the intersection of South Cobb Drive and Concord Road to the intersection of South Cobb Drive and Cooper Lake Road is dedicated as the Judge Kenneth O. Nix Highway; (23) The Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution; and (24) 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, Mr. Louie Clark, the family of Mr. Bert Ward, the family of Rev. Martin Luther King, Jr., the family of Roy Parrish, Jr., the family of Dr. Johnny M. Hunt, and the family of Marine Lance Corporal William Tyler Richards, the Honorable William G. Long, the family of Mr. Preston B. Lewis, Jr., the family of Deputy James D. Paugh, the family of Mr. Ossie Davis, and the family of Judge Kenneth O. Nix.
Representative Williams of the 113th moved that the House agree to the Senate substitute to HR 1177.
On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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
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 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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan
Kaiser Y Kendrick Y Kidd Y Kirby 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 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 E 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 Y Smith, E Y Smith, K Y Smith, L E 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 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 motion, the ayes were 166, nays 0.

The motion prevailed.

Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 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

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"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 Senate substitute was read:
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 a new exemption from sales and use taxes for an instrumentality of the states for a limited period of time; 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 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

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federal Public Law 111-5, and except that Section 13(e)(4) of 2009 federal Public Law 111-92 shall be treated as if it was not in effect, 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.
(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."

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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." "(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

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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), deleting the "or" at the end of paragraph (90), deleting the period at the end of paragraph (91) and inserting "; or", and adding a new paragraph in 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" "(92) For the period commencing July 1, 2012, and ending on December 31, 2013, sales to an organization defined by the Internal Revenue Service as an instrumentality of the states relating to the holding of an annual meeting in this state."

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.

Representative Knight of the 126th moved that the House agree to the Senate substitute to HB 729.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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
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 Y Howard Y Hudson Y Hugley

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

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

THURSDAY, MARCH 29, 2012

5731

Y Beverly Y Black Y Braddock Y Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns N 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

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

Y Nix Y Oliver Y O'Neal
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 Y Scott, M Y Scott, S

Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas 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 motion, the ayes were 157, nays 1.

The motion prevailed.

Representatives Carson of the 43rd 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.

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

Mr. Speaker:

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 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

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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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Murphy of the 27th, McKoon of the 29th, and Unterman of the 45th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Goggans of the 7th, and Bulloch of the 11th.
The Senate insists on its amendment to the following bill of the House:
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.

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The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
The Senate has passed by the requisite constitutional majority the following bill of the House:
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 such displays may appear; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 234. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain

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percentage; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
HR 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 Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 181. By Representatives Golick of the 34th, Coleman of the 97th, Casas of the 103rd, Lindsey of the 54th, Nix of the 69th and others:
A BILL to be entitled an Act to amend Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the scholarship program for special needs students, so as to provide for the waiver of one of the scholarship requirements under certain conditions; 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 Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the scholarship program for special needs students, so as to provide for additional notification of the program; to provide for the waiver of one of the scholarship requirements under certain conditions; to revise certain provisions relating to the amount of the scholarship; to provide for application deadlines; to provide deadlines for scholarship payments to parents; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the scholarship program for special needs students, is amended in Code Section 20-2-

THURSDAY, MARCH 29, 2012

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2113, relating to annual notification of options available to parents of special needs children, by revising subsection (a) as follows:
"(a) The resident school system shall annually notify prior to the beginning of each school year the parent of a student with a disability by letter, by electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article, which shall be in the following form:
'Your child may be eligible for a Georgia Special Needs Scholarship to attend a private school or another public school if your child has an Individualized Education Program (IEP). Information may be found at www.specialedoptions.com relating to eligibility requirements.' In addition, the resident school system shall ensure that the parent of a student with a disability is provided such notice at each Individualized Education Program (IEP) meeting."
SECTION 2. Said article is further amended by revising subsection (a) of Code Section 20-2-2114, relating to qualifications for the scholarship, as follows:
"(a) A student shall qualify for a scholarship under this article if: (1) The student's parent currently resides within Georgia and has been a Georgia resident for at least one year; (2) The student has one or more of the following disabilities: (A) Autism; (B) Deaf/blind; (C) Deaf/hard of hearing; (D) Emotional and behavioral disorder; (E) Intellectual disability; (F) Orthopedic impairment; (G) Other health impairment; (H) Specific learning disability; (I) Speech-language impairment; (J) Traumatic brain injury; or (K) Visual impairment; (3) The student has spent the prior school year in attendance at a Georgia public school and shall have had an has a current Individualized Education Program (IEP) written by the school in accordance with federal and state laws and regulations, regardless of when such Individualized Education Program was put in place; provided, however, that the State Board of Education shall be authorized to require a local board of education to expedite the development of an Individualized Education Program and to waive the prior school year requirement contained in this paragraph, in its sole discretion, on a case-by-case basis for specific medical needs of the student upon the request of a parent or guardian in accordance with state board procedures. If an expedited Individualized Education Program is required by the state board pursuant to this paragraph, the state board may additionally require such expedited

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process to be completed prior to the beginning of the school year. The State Board of Education shall provide an annual report by December 31 of each year through December 31, 2015, regarding the number of waivers approved pursuant to this paragraph to the General Assembly; (4) The parent obtains acceptance for admission of the student to a participating school; and (5) The parent submits an application for a scholarship to the department no later than the deadline established by the department; provided, however, that the department shall provide application deadline opportunities on September 15, December 15, and February 15 of each school year for a student to transfer."
SECTION 3. Said article is further amended by revising subsections (a), (d), and (e) of Code Section 20-2-2116, relating to the amount of the scholarship and methods of payment, as follows:
"(a) The maximum scholarship granted a scholarship student pursuant to this article shall be an amount equivalent to the costs of the educational program that would have been provided for the student in the resident school system. This amount shall be as calculated under Code Section 20-2-161 and reduced by the local five mill share amount required pursuant to Code Section 20-2-164, austerity reductions, and any other state mandated reductions that occur midyear or otherwise, as applicable. This shall not include any federal funds." "(d) Each local school system shall submit quarterly reports to the department on dates established by the department stating the number of scholarship students in the resident school system. Following each notification, the department shall transfer from the state allotment to each school system the amount calculated under Code Section 20-2-161 subsection (b) of this Code section to a separate account for the scholarship program for quarterly disbursement to the parents of scholarship students. When a student enters the program, the department must receive all documentation required for the student's participation, including the participating school's and student's fee schedules, at least 30 days before the first quarterly scholarship payment is made for the student. The department may not make any retroactive payments. (e) Upon proper documentation received by the department, the department shall make quarterly scholarship payments to the parents of scholarship students on dates established by the department on or before November 1, January 7, April 1, and May 1 for quarterly periods corresponding, respectively, to August 1 through September 30, October 1 through November 30, December 1 through the last day of February, and March 1 through May 31 during each academic year in which the scholarship is in force. As nearly as practical, such quarterly payments shall be equal; provided, however, that this shall not prevent payments from being adjusted due to budgetary midterm adjustments made pursuant to Code Section 20-2-162. The state auditor shall cite as an audit exception any failure by the department to meet any payment deadlines and shall include such audit exceptions on the website established pursuant to Code Section 50-6-32. The initial payment shall be made upon evidence of admission to the

THURSDAY, MARCH 29, 2012

5737

participating school, and subsequent payments shall be made on evidence of continued enrollment and attendance at the participating school."

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

Representative Golick of the 34th moved that the House agree to the Senate substitute to HB 181.

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

N Abdul-Salaam N Abrams Y Allison E Amerson E Anderson N Ashe Y Atwood Y Baker Y Battles N Beasley-Teague N Bell Y 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
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 N Drenner Y Dudgeon N Dukes Y Dunahoo Y Dutton
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

N Heckstall Y Hembree
Henson Y Hightower Y Hill N Holcomb Y Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J N Jones, S N Jordan
Kaiser N Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey
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 Y Morgan E Morris N Mosby N Murphy Y Neal, J N 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 N Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rynders Scott, M N Scott, S

E Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Smith, E Y Smith, K Y Smith, L E Smith, R Y Smith, T Y Smyre N 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 N Waites Y Watson Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 115, nays 51.

The motion prevailed.

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Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 237. By Representatives Golick of the 34th, Morris of the 155th, Hatfield of the 177th, Ramsey of the 72nd and Setzler of the 35th:
A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, so as revise the definition of "mortgage lending process"; to provide for investigative and subpoena powers of district attorneys and the Attorney General relative to residential mortgage fraud; 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 Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, so as revise the definition of "mortgage lending process"; to change provisions relating to the offense of mortgage fraud; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, is amended by revising paragraph (1) of Code Section 16-8101, relating to definitions, as follows:
"(1) 'Mortgage lending process' means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. Such term shall also include the execution of deeds under power of sale that are required to be recorded pursuant to Code Section 44-14-160 and the execution of assignments that are required to be recorded pursuant to subsection (b) of Code Section 44-14-162. Documents involved in the mortgage lending process include, but are shall not be limited to, uniform residential loan applications or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures."

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SECTION 2. Said article is further amended by revising the undesignated paragraph at the end of Code Section 16-8-102, relating to the offense of residential mortgage fraud, as follows:
"An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process nor upon truthful information contained in documents filed with the official registrar of deeds of any county of this state for the stated purpose of correcting scrivener's errors, mistakes, inadvertent misstatements, or omissions contained in previously filed documents."

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

Representative Golick of the 34th moved that the House agree to the Senate substitute to HB 237.

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

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

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 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 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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser N Kendrick Y Kidd Y Kirby Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G

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

E Setzler Y Shaw Y Sheldon Y Sims, B
Sims, C Y Smith, E Y Smith, K Y Smith, L E 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 Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E

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Y Cooke Y Coomer Y Cooper N Crawford

Y Harrell Y Hatchett Y Hatfield Y Heard

Y Manning Y Marin Y Martin Y Maxwell

Y Rogers, T Y Rynders
Scott, M Y Scott, S

Y Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 162, nays 3.

The motion prevailed.

Representative Smith of the 131st was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following Senate substitute was read:

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 assessment for postsecondary readiness to the end of the eleventh grade; to mandate transitional courses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by revising subsection (c) of Code

THURSDAY, MARCH 29, 2012

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Section 20-2-140, relating to the establishment of competencies and a uniformly sequenced core curriculum, as follows:
"(c) The State Board of the Technical College System of Georgia shall require its institutions to accept core curriculum coursework completed by high school students for purposes of admission into its institutions. This Code section shall apply beginning with students entering such postsecondary institutions in the fall of 2012 2013."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"20-2-145.1. The State Board of Education shall prescribe a minimum course of study in career education for students in grades kindergarten through 12. Such minimum course of study shall be age appropriate and shall include, but not be limited to, career awareness, career exploration, and career oriented learning experiences."
SECTION 3. Said article is further amended by revising Code Section 20-2-159.1, relating to focused programs of study, as follows:
"20-2-159.1. No later than July 1, 2012 2013, the Department of Education shall develop, and the State Board of Education shall approve, state models and curriculum framework for the following focused programs of study, as defined in Code Section 20-2-326, including, but not limited to:
(1) Agriculture, food, and natural resources; (2) Architecture and construction; (3) Arts, audio-video technology, and communications; (4) Business, management, and administration; (5) Education and training; (6) Finance; (7) Health science; (8) Hospitality and tourism; (9) Human services; (10) Information technology; (11) Law, public safety, and security; (12) Manufacturing; (13) Government and public administration; (14) Marketing, sales, and service; (15) Science, technology, engineering, and mathematics; and (16) Transportation, distribution, and logistics. Such focused programs of study may be combined around these and other related clusters."

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SECTION 4. Said article is further amended by revising Code Section 20-2-159.2, relating to coordination between high schools and postsecondary institutions to minimize the need for remedial course work for students in postsecondary institutions, as follows:
"20-2-159.2. Stronger coordination between high schools and institutions of higher education is necessary to prepare students for more challenging postsecondary endeavors and to lessen the need for academic remediation in college, thereby reducing the costs of higher education for students, families, and the state. To this end, the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of the Technical College System of Georgia shall:
(1) Develop policies to ensure that students who complete the core curriculum established pursuant to Code Section 20-2-140 will meet the requirements for purposes of admission into a postsecondary institution, such as grade point average and readiness levels in reading, writing, and mathematics, without having to take remedial coursework. Such policies shall:
(A) Establish the benchmarks for college readiness and the method in which students can demonstrate readiness in reading, writing, and mathematics for postsecondary coursework upon completing the core curriculum; and (B) Set the conditions for ensuring college readiness; (2) Define college-readiness standards in reading, writing, and mathematics needed for success in advanced training, certificate programs, and programs leading to an associate's or bachelor's degree; (3) Identify one or more state-wide common assessments to determine postsecondary readiness in reading, writing, and mathematics and inform students of their performance on such assessments no later than the end of tenth grade; (4) Develop transitional courses in reading, writing, and mathematics, with common standards, syllabus, and instruction materials for eleventh and twelfth grade students who fail to meet readiness standards, which courses shall be required by the state board to be offered by all local boards of education and which all students who are identified pursuant to paragraph (3) of this subsection as failing to meet readiness standards shall be required to take; and (5) Establish a state-wide process for determining how successful completion of transitional courses will guarantee that students will meet readiness standards; and (5)(6) Ensure dual credit courses reflect postsecondary coursework."
SECTION 5. Said article is further amended by revising subsection (a) of Code Section 20-2-159.4, relating to policies and guidelines for awarding units of high school credit based on demonstrated proficiency, as follows:
"(a) The State Board of Education, in consultation with the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia, shall adopt policies and establish guidelines for awarding units of high school

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credit to students based on a demonstration of subject area competency, instead of or in combination with completion of courses of classroom instruction. Such policies and guidelines shall clearly delineate the manner in which students can earn credit, how mastery of standards will be assessed, how locally developed assessments will be reviewed and approved, how such credit will be recorded on high school transcripts, and when outcomes as a result of these policies and guidelines will be reviewed. The state board shall adopt such policies and establish guidelines, and such policies and guidelines shall be applicable beginning with the 2012-2013 2013-2014 school year."

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

Representative Nix of the 69th moved that the House agree to the Senate substitute to HB 713.

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

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

Y Mayo Y McBrayer
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
O'Neal 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

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
Thomas 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

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Y Cooper Y Crawford

N Hatfield Y Heard

Y Martin Y Maxwell

Scott, M Y Scott, S

Y Yates Ralston, Speaker

On the motion, the ayes were 163, nays 1.

The motion prevailed.

Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker called the House to order for the purpose of receiving the Governor of Georgia, the Honorable Nathan Deal.

His Excellency, Governor Nathan Deal, appeared upon the floor of the House and addressed the members.

The Speaker called the House to order.

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

Mr. Speaker:

The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:

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 following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:

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

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change certain provisions relating to the excise tax on certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide 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.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to change certain provisions relating to the excise tax on certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, is amended by revising Code Section 48-11-1, relating to definitions relative to taxes on tobacco products, as follows:
"48-11-1. As used in this chapter, the term:
(1) 'Cigar' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is also tobacco. Such term shall include a little cigar. (2) 'Cigar dealer' means any person located within the borders of this state who sells or distributes cigars to a consumer in this state.

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(3) 'Cigar distributor' means any person, whether located within or outside the borders of this state, other than a cigar dealer, who sells or distributes cigars within or into the boundaries of this state and who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on cigar dealers; and (B) Is engaged in the business of:
(i) Importing cigars into this state or purchasing cigars from other cigar manufacturers or cigar distributors; and (ii) Selling the cigars to cigar dealers in this state for resale but is not in the business of selling the cigars directly to the ultimate consumer of the cigars. (4) 'Cigar importer' means any person who imports into or who brokers within the United States, either directly or indirectly, a finished cigar for sale or distribution. (5) 'Cigar manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels a finished cigar. (6) 'Cigarette' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco. (7) 'Cigarette dealer' means any person located within the borders of this state who sells or distributes cigarettes to a consumer in this state. (8) 'Cigarette distributor' means any person, whether located within or outside the borders of this state, other than a cigarette dealer, who sells or distributes cigarettes within or into the boundaries of this state and who: (A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on cigarette dealers; and (B) Is engaged in the business of: (i) Importing cigarettes into this state or purchasing cigarettes from other cigarette manufacturers or cigarette distributors; and (ii) Selling the cigarettes to cigarette dealers in this state for resale but is not in the business of selling the cigarettes directly to the ultimate consumer of the cigarettes. Such term shall not include any cigarette manufacturer, export warehouse proprietor, or cigarette importer with a valid permit under 26 U.S.C. Section 5712, if such person sells or distributes cigarettes in this state only to cigarette distributors who hold valid and current licenses under Code Section 48-11-4 or to an export warehouse proprietor or another cigarette manufacturer with a valid permit under 26 U.S.C. Section 5712. (9) 'Cigarette importer' means any person who imports into or who brokers within the United States, either directly or indirectly, a finished cigarette for sale or distribution. (10) 'Cigarette manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels a finished cigarette. (11) 'Counterfeit cigarette' means cigarettes that are manufactured, fabricated, assembled, processed, packaged, or labeled by any person other than the trademark owner of a cigarette brand or the owner's designated agent. (12) 'Dealer' means any person who is a cigar dealer, a cigarette dealer, or a loose or smokeless tobacco dealer.

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(13) 'Distributor' means any person who is a cigar distributor, a cigarette distributor, or a loose or smokeless tobacco distributor. (14) 'First taxable transaction' means the first sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, cigarettes, or loose or smokeless tobacco within this state. (15) 'Little cigar' means any cigar weighing not more than three pounds per thousand. (15)(16) 'Loose or smokeless tobacco' means granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking, but does not include cigarettes or cigars or tobacco purchased for the manufacture of cigarettes or cigars by cigarette manufacturers or cigar manufacturers. (16)(17) 'Loose or smokeless tobacco dealer' means any person located within the borders of this state who sells or distributes loose or smokeless tobacco to a consumer in this state. (17)(18) 'Loose or smokeless tobacco distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on loose or smokeless tobacco dealers; and (B) Is engaged in the business of:
(i) Importing loose or smokeless tobacco into this state or purchasing loose or smokeless tobacco from other loose or smokeless tobacco manufacturers or loose or smokeless tobacco distributors; and (ii) Selling the loose or smokeless tobacco to loose or smokeless tobacco dealers in this state for resale but is not in the business of selling the loose or smokeless tobacco directly to the ultimate consumer of the loose or smokeless tobacco. (18)(19) 'Loose or smokeless tobacco importer' means any person who imports into or who brokers within the United States, either directly or indirectly, finished loose or smokeless tobacco for sale or distribution. (19)(20) 'Loose or smokeless tobacco manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels finished loose or smokeless tobacco. (20)(21) 'Related machinery' means any item, device, conveyance, or vessel of any kind or character used in manufacturing, packaging, labeling, stamping, transporting, distributing, selling, or possessing counterfeit cigarettes. (21)(22) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (22)(23) 'Stamp' means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the commissioner. (23)(24) 'Vending machine' means any coin-in-the-slot device used for the automatic merchandising of cigars, cigarettes, or loose or smokeless tobacco."

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SECTION 2. Said chapter is further amended by revising Code Section 48-11-2, relating to excise taxes, rate on tobacco products, the retail selling price before the addition of tax, exemptions, collection and payment on the first taxable transaction, distributors, taxes separately identified, and collection, as follows:
"48-11-2. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, cigarettes, and loose or smokeless tobacco in this state at the following rates:
(1) Little cigars weighing not more than three pounds per thousand: two and one-half mills each; (2) All other cigars other than little cigars: 23 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; (3) Cigarettes: 37 per pack of 20 cigarettes and a like rate, pro rata, for other size packages; and (4) Loose or smokeless tobacco: 10 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances. (b) When the retail selling price is referred to in this chapter as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax. (c) The taxes imposed by this chapter are levied with respect to on the purchase or use of cigars, cigarettes, or loose or smokeless tobacco by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed with respect to on cigars, cigarettes, or loose or smokeless tobacco purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia War Veterans Nursing Home. (d) The taxes imposed by this chapter are not levied with respect to on cigars, cigarettes, or loose or smokeless tobacco the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States. (e) The taxes imposed by this chapter shall be advanced and paid by the distributor dealer or distributor licensed pursuant to this chapter to the commissioner for deposit and distribution as provided in this chapter upon the first taxable transaction within the this state, whether or not the transaction involves the ultimate purchaser or consumer. The seller licensed dealer or distributor shall collect the tax on the first transaction within this state from the purchaser or consumer, and the purchaser or consumer shall pay the tax to the seller dealer or distributor. The seller dealer or distributor shall be responsible for the collection of the tax and the payment of the tax to the commissioner. Whenever cigars, cigarettes, or loose or smokeless tobacco is shipped from outside the this state to anyone other than a distributor, the person receiving the cigars, cigarettes,

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or loose or smokeless tobacco shall be deemed to be a distributor and shall be responsible for the tax on the cigars, cigarettes, or loose or smokeless tobacco and the payment of the tax to the commissioner. No tobacco products shall be received in, sold in, or shipped into this state unless lawfully obtained from a person licensed pursuant to this chapter or from an importer with a valid permit issued pursuant to 26 U.S.C. Section 5712. (f) The amount of taxes advanced and paid to the state as provided in this Code section shall be added to and collected as a part of the sales price of the cigars, cigarettes, or loose or smokeless tobacco sold or distributed. The amount of the tax shall be stated separately from the price of the cigars, cigarettes, or loose or smokeless tobacco. (g) The cigars, cigarettes, and loose or smokeless tobacco tax imposed shall be collected only once upon the same cigarettes, cigars, little cigars, cigarettes, or loose or smokeless tobacco."
SECTION 3. Said chapter is further amended by revising Code Section 48-11-4, relating to the licensing of persons engaged in tobacco business, initial and annual fees, suspension and revocation of licenses, the registration and inspection of vending machines, bond, jurisdiction, and licensing of promotional activities, as follows:
"48-11-4. (a) No person shall engage in or conduct the business of manufacturing, importing, brokering, purchasing, selling, consigning, vending, dealing in, shipping, receiving, or distributing cigars, cigarettes, or loose or smokeless tobacco in this state without first obtaining a license from the commissioner. (b) All licenses shall be issued by the commissioner, who shall make rules and regulations with respect to applications for and issuance of the licenses and for other purposes of enforcing this chapter. The commissioner may refuse to issue any license under this chapter when the commissioner has reasonable cause to believe that the applicant has willfully withheld information requested of the applicant or required by the regulations to be provided or reported or when the commissioner has reasonable cause to believe that the information submitted in any application or report is false or misleading and is not given in good faith. (c) The annual renewal fee for a manufacturer's, importer's, or distributor's or dealer's license shall be $50.00 $10.00. annually, except that There shall also be a first year registration fee of $250.00 for a person commencing business as a manufacturer, importer, or distributor for the first time the first year's fee shall be $250.00. All renewal applications shall be filed at least 30 days in advance of the expiration date shown on the license. Each dealer shall have a permanent license issued by the commissioner free of charge.
(1) Each license, except a dealer's license, shall begin on July 1 and end on June 30 of the next succeeding year. The prescribed fee shall accompany every application for a license and shall apply for any portion of the annual period.

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(2) Each dealer's license shall be valid for 12 months beginning on the date of issue for the initial license, and the first day of the month of issue for subsequent licenses, and shall expire on the last day of the month preceding the month in which the initial license was issued. Any dealer licensed under the provisions of this Code section who is also licensed under Chapter 2 of Title 3 to sell alcoholic beverages may, upon written request to the commissioner, arrange to have both licenses renewed on the same date each year. Any dealer that follows the proper procedure for a renewal of his or her license, including filing the application for renewal at least 30 days in advance of the expiration date of his or her existing license, shall be allowed to continue operating as a dealer under the existing license until the commissioner has issued the new license or denied the application for renewal. (3) Each manufacturer's, importer's, distributor's, or dealer's license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter. A separate license shall be required for each place of business. No person shall hold a distributor's license and a dealer's license at the same time. (d) The commissioner may make rules and regulations governing the sale of cigars, cigarettes, loose or smokeless tobacco, and other tobacco products in vending machines. The commissioner shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $1.00 $10.00 for each machine. The annual registration shall indicate the location of the vending machine. No vending machine shall be purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that all cigars, cigarettes, loose or smokeless tobacco, and other tobacco products contained in the machine bear the tax stamp required under this chapter. (e) The manufacturer's, importer's, distributor's, or dealer's license shall be exhibited in the place of business for which it is issued in the manner prescribed by the commissioner. The commissioner shall require each licensed manufacturer, importer, or distributor to file with the commissioner a bond in an amount of not less than $1,000.00 to guarantee the proper performance of the manufacturer's, importer's, or distributor's duties and the discharge of the manufacturer's, importer's, or distributor's liabilities under this chapter. The bond shall run concurrently with the manufacturer's, importer's, or distributor's license but shall remain in full force and effect for a period of one year after the expiration or revocation of the manufacturer's, importer's, or distributor's license unless the commissioner certifies that all obligations due the state arising under this chapter have been paid. (f) The jurisdiction of the commissioner in the administration of this chapter shall extend to every person using or consuming cigars, cigarettes, or loose or smokeless tobacco in this state and to every person dealing in cigars, cigarettes, or loose or smokeless tobacco in any way for business purposes and maintaining a place of business in this state. For the purpose of this chapter, the maintaining of an office, store, plant, warehouse, stock of goods, or regular sales or promotional activity,

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whether carried on automatically or by salespersons or other representatives, shall constitute, among other activities, the maintaining of a place of business. For the purpose of enforcement of this chapter and the rules and regulations promulgated hereunder under this chapter, notwithstanding any other provision of law, the commissioner or his or her duly appointed hearing officer is granted authority to conduct hearings which shall at all times be exercised in conformity with rules and regulations promulgated by the commissioner and consistent with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) The commissioner may provide for the licensing of promotional activities, not including the sale of cigars, cigarettes, or loose or smokeless tobacco, carried on by the manufacturer. The fee for any such license shall be $10.00 annually."
SECTION 4. Said chapter is further amended by revising Code Section 48-11-10, relating to monthly reports of licensed distributors, contents, and authority to require reports from common carriers, warehousemen, and others, as follows:
"48-11-10. (a) Every licensed distributor shall file with the commissioner, on or before the tenth day of each month, a report in the form prescribed by the commissioner and disclosing:
(1) The quantity of cigars, cigarettes, or loose or smokeless tobacco on hand on the first and last days of the calendar month immediately preceding the month in which the report is filed; (2) Information required by the commissioner concerning the amount of stamps purchased, used, and on hand during the report period; and (3) Information otherwise required by the commissioner for the report period. (b) The commissioner may require other reports as the commissioner deems necessary for the proper administration of this chapter, including, but not limited to, reports from common carriers and warehousemen with respect to cigars, cigarettes, and loose or smokeless tobacco delivered to or stored at any point in this state. (c) Any person who fails to file any report when due shall forfeit as a penalty for each day after the due date until the report is filed the sum of $1.00 $25.00, to be collected in the manner provided in subsection (c) of Code Section 48-11-24 for the collection of penalties."
SECTION 5. Said chapter is further amended by revising Code Section 48-11-11, relating to recordkeeping requirements for tobacco products, as follows:
"48-11-11. (a) Each distributor and each dealer shall keep complete and accurate records of all cigars, cigarettes, and loose or smokeless tobacco manufactured, produced, purchased, and sold. The original records or a complete and legible photocopy or electronic image shall be of the kind and in the form prescribed by the commissioner and shall be safely preserved for three years in an appropriate manner to ensure permanency and

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accessibility for inspection by the commissioner and the commissioner's authorized agents. The commissioner and the commissioner's authorized agents may examine the books, papers, and records of any distributor or dealer in this state for the purpose of determining whether the tax imposed by this chapter has been fully paid and, for the purpose of determining whether the provisions of this chapter are properly observed, may investigate and examine the stock of cigars, cigarettes, or loose or smokeless tobacco in or upon any premises, including, but not limited to, public and private warehouses where the cigars, cigarettes, or loose or smokeless tobacco is possessed, stored, or sold. Invoices sufficient to cover current inventory at a licensed location shall be maintained at that licensed location and made available for immediate inspection. All other records may be kept at a locality other than the licensed location and shall be provided for inspection within two business days after receipt of notification from the commissioner or an authorized agent of the commissioner to make such records available. (b) The commissioner and his or her authorized agents may examine the books, papers, and records of any transportation company, any common, contract, or private carrier, and any public or private warehouse for the purpose of determining whether the provisions of this chapter are properly observed."
SECTION 6. Said chapter is further amended by revising paragraph (4) of subsection (b) of Code Section 48-11-13, relating to a tax on persons having tobacco products on which certain taxes have not been paid, as follows:
"(4) Cigarettes or little cigars in an amount not exceeding 200 cigarettes or little cigars which have been brought into the state on the person;"
SECTION 7. Said chapter is further amended by revising Code Section 48-11-18, relating to the procedure for hearing by persons aggrieved by actions of commissioner, initiation of hearings by the commissioner, production of evidence, appeals, bond, and grounds for not sustaining the commissioner's action, as follows:
"48-11-18. (a) Any person aggrieved by any action of the commissioner or the commissioner's authorized agent may apply to the commissioner, in writing within ten days after the notice of the action is delivered or mailed to the commissioner, for a hearing. The application shall set forth the reasons why the hearing should be granted and the manner of relief sought. The commissioner shall notify the applicant of the time and place fixed for the hearing. After the hearing, the commissioner may make an order as may appear to the commissioner to be just and lawful and shall furnish a copy of the order to the applicant. The commissioner at any time by notice in writing may order a hearing on the commissioner's own initiative and require the taxpayer or any other person whom the commissioner believes to be in possession of information concerning any manufacture, importation, use, consumption, storage, or sale of cigars, cigarettes, or

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loose or smokeless tobacco which has escaped taxation to appear before the commissioner or the commissioner's duly authorized agent with any specific books of account, papers, or other documents for examination under oath relative to the information. (b) Any person aggrieved because of any final action or decision of the commissioner, after hearing, may appeal from the decision to the superior court of the county in which the appellant resides. The appeal shall be returnable at the same time and shall be served and returned in the same manner as required in the case of a summons in a civil action. The authority issuing the citation shall take from the appellant a bond of recognizance to the state, with surety, conditioned to prosecute the appeal and to effect and comply with the orders and decrees of the court. The action of the commissioner shall be sustained unless the court finds that he the commissioner misinterpreted this chapter or that there is no evidence to support his the commissioner's action. If the commissioner's action is not sustained, the court may grant equitable relief to the appellant. Upon all appeals which are denied, costs may be taxed against the appellant at the discretion of the court. No costs of any appeal shall be taxed against the state."
SECTION 8. Said chapter is further amended by revising Code Section 48-11-22, relating to the transportation of unstamped tobacco products, the requirement of invoices or delivery tickets, contents, confiscation and disposition absent invoice or ticket, and penalties, as follows:
"48-11-22. (a) Every person who transports upon the public highways, roads, and streets of this state cigars, cigarettes, or loose or smokeless tobacco not stamped or on which tax has not been paid in accordance with the alternate regulations provided by the commissioner under Code Section 48-11-3 shall have in such person's actual possession invoices or delivery tickets for the cigars, cigarettes, and loose or smokeless tobacco which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity and brands of the cigars, cigarettes, or loose or smokeless tobacco transported, and the name and address of the person who has assumed or shall assume the payment of the tax at the point of ultimate destination. In the absence of the invoices or delivery tickets, the cigars, cigarettes, or loose or smokeless tobacco being transported and the vehicles in which the cigars, cigarettes, or loose or smokeless tobacco is being transported shall be confiscated and disposed of as provided in Code Section 48-11-9; and the transporter may be liable for a penalty of not more than $25.00 $50.00 for each individual carton of little cigars or cigarettes, $50.00 for each individual box of cigars, and $25.00 $50.00 for each individual container of loose or smokeless tobacco being transported by such person. The penalty shall be recovered as provided in subsection (c) of Code Section 48-11-24. (b) This Code section shall apply only with respect to the transportation of more than 200 cigarettes, more than 200 little cigars, more than 20 cigars, or more than six containers of loose or smokeless tobacco."

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SECTION 9. Said chapter is further amended by revising Code Section 48-11-23, relating to penalties for transporting unstamped tobacco products, as follows:
"48-11-23. (a) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to transport cigars, cigarettes, or loose or smokeless tobacco in violation of Code Section 48-11-22. (b) Any person who violates Code Section 48-11-22, with the intent to evade the tax imposed by this chapter, shall, upon conviction, be guilty of a misdemeanor. subject to the following punishments:
(1) If such person is transporting more than 20 but fewer than 60 cigars, more than 200 but fewer than 600 cigarettes or little cigars, or more than six but fewer than 18 containers of loose or smokeless tobacco, such person shall be guilty of a misdemeanor; (2) If such person is transporting 60 or more but fewer than 200 cigars, 600 or more but fewer than 2,000 cigarettes or little cigars, or 18 or more but fewer than 60 containers of loose or smokeless tobacco, such person shall be guilty of a misdemeanor of a high and aggravated nature; or (3) If such person is transporting 200 or more cigars, 2,000 or more cigarettes or little cigars, or 60 or more containers of loose or smokeless tobacco, such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than three years nor more than ten years."
SECTION 10. Said chapter is further amended by revising Code Section 48-11-24, relating to penalties for possession of unstamped tobacco products, penalties for operation of an unlicensed business or activity, procedure for enforcement and collection of penalties, and costs and expenses, as follows:
"48-11-24. (a) Any person who possesses unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars, or little cigars, or loose or smokeless tobacco in violation of this chapter shall be liable for a penalty of not more than $25.00 $50.00 for each individual carton of unstamped cigarettes or loose or smokeless tobacco and $50.00 for each individual nontax-paid carton of little cigars, box of nontax-paid cigars or container of loose or smokeless tobacco in his or her possession. (b) Any person who engages in any business or activity for which a license is required by this chapter without first having obtained a license to do so or any person who continues to engage in or conduct the business after his the person's license has been revoked or during a suspension of the license shall be liable for a penalty of not more than $250.00 guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be subject to imprisonment for up to 12 months, a fine of not more than $5,000.00, or both. Each day that the business is engaged in or conducted shall be deemed a separate offense.

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(c) Proceedings to enforce and collect the penalties provided by this chapter shall be brought by and in the name of the commissioner. With respect to offenses committed within the territorial jurisdiction of the court, each superior court shall have jurisdiction to enforce and collect the penalty. The costs recoverable in any such proceeding shall be recovered by the commissioner in the event of judgment in his the commissioner's favor. If the judgment is for the defendant, it shall be without costs against the commissioner. All expenses incident to the recovery of any penalty pursuant to this Code section shall be paid in the same manner as any other expense incident to the administration of this chapter."
SECTION 11. Said chapter is further amended by revising Code Section 48-11-26, relating to failure to file a report or a filing false report, as follows:
"48-11-26. (a) With respect to this chapter, it shall be unlawful for any person, with the intent to defraud the state or evade the payment of any tax, penalty, or interest or any part of a payment when due, to:
(1) Willfully fail or refuse to file any report or statement required to be filed pursuant to this chapter or by the commissioner's rules and regulations; or (2) File or cause to be filed with the commissioner any false or fraudulent report or statement; or (3)(2) Aid or abet another in the filing with the commissioner of any false or fraudulent report or statement. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 for each separate offense."
SECTION 12. Said chapter is further amended by revising Code Section 48-11-28, relating to cigars and cigarettes and offenses relating to counterfeit stamps or tampering with metering machines, as follows:
"48-11-28. (a) With respect to this chapter, it shall be unlawful for any person to:
(1) Fraudulently make, utter, forge, or counterfeit any stamp prescribed by the commissioner; (2) Cause or procure a violation of paragraph (1) of this subsection to be done; (3) Willfully utter, publish, pass, or render as true any false, altered, forged, or counterfeited stamp; (4) Knowingly possess any false, altered, forged, or counterfeited stamp; (5) For the purpose of evading the tax imposed, use more than once any stamp required by this chapter; or (6) Tamper with or cause to be tampered with any metering machine authorized to be used.

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(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year three years nor more than ten years."
SECTION 13. Said chapter is further amended by revising Code Section 48-11-29, relating to cigars and cigarettes and false swearing or giving false testimony, as follows:
"48-11-29. (a) It shall be unlawful for any person to:
(1) Knowingly swear to or affirm any false or fraudulent statement with intent to evade the payment of any tax imposed by this chapter; or (2) Under oath, testify falsely at any hearing held pursuant to this chapter. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor Reserved."
SECTION 14. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to administrative procedure, is amended by revising paragraph (1) as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Technical College System of Georgia; the Department of Revenue when conducting hearings relating to alcoholic beverages, tobacco, 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."

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SECTION 15. This Act shall become effective January 1, 2013.

SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

Representative Houston of the 170th moved that the House agree to the Senate substitute to HB 1071.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 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
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 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 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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd Y Kirby 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 E Morris Y 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 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

E 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 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 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 motion, the ayes were 161, nays 5.

The motion prevailed.

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Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
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 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 Senate substitute was read:
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 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 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

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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; (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.';

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(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; (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

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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 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

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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. (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

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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, 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

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(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. (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 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; or voting 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 or disposal 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

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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 (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.

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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. (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 negligently 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

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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:
(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

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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 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

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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.
(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

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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 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, the actual cost of producing the copy. In the case of electronic records, the agency may charge the actual cost of the media on which the 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

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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 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. 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.

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(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 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

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maintain public records, the agency shall ensure that the arrangement does not limit public access to those records and that the vendor does not impede public record access and method of delivery as established by the agency or as otherwise provided for in this Code section. (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 such index shall be made a part of the printout and shall reflect the time and date that such index was corrected. (j) No public officer or agency shall be required to prepare new reports, summaries, or compilations not in existence at the time of the request.
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.

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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.
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;

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(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; (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;

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(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 detailed 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 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 agency in possession of the records takes a public vote regarding the sealed bid or sealed proposal, whichever comes first; (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 of executive head of an agency or five business days prior to the meeting at which final action or vote is to be taken on the position of president of a unit of the University System of Georgia, 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 or discussing or deliberating 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

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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; (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;

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(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; (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.

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(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 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.

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(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 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, employee, or former 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,

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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 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

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(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 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

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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 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,

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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 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

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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 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

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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; (f)(1) As used in this article, the term:
(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; (45) Records pertaining to the rating plans, rating systems, underwriting rules, surveys, inspections, statistical plans, or similar proprietary information used to provide or administer liability insurance or self-insurance coverage to any agency; (46) Documents maintained by the Department of Economic Development pertaining to an economic development project until the economic development project is secured by binding commitment, provided that any such documents shall be disclosed upon proper request after a binding commitment has been secured or the project has been terminated. No later than five business days after the Department of Economic Development secures a binding commitment and the department has committed the use of state funds from the OneGeorgia Authority or funds from Regional Economic Business Assistance for the project pursuant to Code Section 50-8-8, or other provisions of law, the Department of Economic Development shall give notice that a binding commitment has been reached by posting on its website notice of the project in conjunction with a copy of the Department of Economic Development's records documenting the bidding commitment made in connection with the project and the negotiation relating thereto and by publishing notice of the project and participating parties in the legal organ of each county in which the economic development project is to be located. As used in this paragraph, the term 'economic development project' means a plan or proposal to locate a business, or to expand a business, that would involve an expenditure of more than $25 million by the business or the hiring of more than 50 employees by the business; or (47) Records related to a training program operated under the authority of Article 3 of Chapter 4 of Title 20 disclosing an economic development project prior to a binding commitment having been secured, relating to job applicants, or identifying

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proprietary hiring practices, training, skills, or other business methods and practices of a private entity. As used in this paragraph, the term 'economic development project' means a plan or proposal to locate a business, or to expand a business, that would involve an expenditure of more than $25 million by the business or the hiring of more than 50 employees by the business. (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 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,

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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 negligently 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, 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; such citation shall be personally served upon the accused. The

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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:
"(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

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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 (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

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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:
"(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,

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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 50-1872. 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."

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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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and the provisions of paragraph (47) of subsection (a) of Code Section 50-18-72 as enacted by this Act shall apply to any request for public records made prior to the effective date of this Act. Agencies shall be permitted to assert the provisions of paragraph (47) of subsection (a) of Code Section 50-18-72 as enacted by this Act as a basis for withholding documents covered by that paragraph in any pending or subsequently filed litigation regarding a request that occurred prior to the effective date of this Act.

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

Representative Powell of the 171st moved that the House agree to the Senate substitute to HB 397.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 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 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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick Y Kidd
Kirby Y Knight Y Lane Y Lindsey

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

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 Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson Y Willard

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

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

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

Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S

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

On the motion, the ayes were 169, nays 1.

The motion prevailed.

Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

Representative Shaw of the 176th moved that the House adhere to its position in insisting on its substitute to SB 203 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 Shaw of the 176th, Meadows of the 5th and Smith of the 131st.

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

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armed services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

The Senate offers the following amendment:

Amend the House committee substitute to HB 732 (LC 35 2616S) by inserting after "awareness;" on line 12 the following: to provide for a special license plate to promote lung cancer awareness, research, and treatment of lung cancer; to provide for a special license plate for supporting nurses in Georgia and the nursing profession;

By replacing "a new paragraph" with "three new paragraphs" on lines 228 and 229.

By deleting the quotation mark at the end of line 247 and inserting between lines 247 and 248 the following:
(11) A special license plate to support lung cancer related awareness and research programs. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Joan Gaeta Lung Cancer Fund to fund lung cancer awareness, screening, research, and treatment related programs. (12) A special license plate to support Georgia nurses and charitable and philanthropic efforts to support, advance, and promote the nursing profession. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Georgia Nurses Foundation of the Georgia Nurses Association for carrying out such programs and purposes."

Representative McBrayer of the 153rd moved that the House agree to the Senate amendment to HB 732.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 Y Dickson Y Dobbs Y Dollar Y Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton
Ehrhart

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 Jackson

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

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

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

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

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 Y Scott, S

Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas 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 motion, the ayes were 167, nays 0.

The motion prevailed.

Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

SB 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.

Representative Hembree of the 67th moved that the following Bill of the Senate be recommitted to the Committee on Rules:

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SB 469. By Senators Balfour of the 9th, Hamrick of the 30th, Cowsert of the 46th and Tolleson of the 20th:
A BILL to be entitled an Act to amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to provide that certain provisions prohibiting mass picketing shall apply to certain private residences; to provide for an action to enjoin unlawful mass picketing; to provide for punishment and penalties; to provide for injunctive relief; to provide for public policy concerning refusal or decision to withdraw from a labor union or employee organization; to amend Code Section 16-7-21, relating to criminal trespass, so as to provide for both criminal trespass and criminal conspiracy; to provide for punishment and fines; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
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.
Representative McKillip of the 115th moved that the House insist on its position in disagreeing to the Senate substitute to HB 954 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:

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Representatives McKillip of the 115th, Sheldon of the 105th and Collins of the 27th.
The Speaker announced the House in recess until 7:15 o'clock, this evening.
The Speaker called the House to order.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others:
A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hooks of the 14th, Chance of the 16th, and Bethel of the 54th.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:

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SB 431. By Senators Hill of the 32nd and Loudermilk of the 52nd:
A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to add medical identity fraud to the provisions relating to identity fraud; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 414. By Senators Unterman of the 45th, Albers of the 56th and Millar of the 40th:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require licensure of music therapists by the Secretary of State; to provide for definitions; to provide for establishment, appointment, and membership of the music therapy advisory group; to provide for licensure application and qualifications; to provide for license renewal; to provide for waiver of examination; to provide for disciplinary actions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 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.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 92. By Senators McKoon of the 29th, Williams of the 19th, Bethel of the 54th, Staton of the 18th, Ligon, Jr. of the 3rd 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 limitations on when in-person absentee balloting may be conducted; to provide for a period of advance voting; to provide for

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procedures; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 2174. By Representatives Beasley-Teague of the 65th, Scott of the 76th, Kendrick of the 94th, Dawkins-Haigler of the 93rd and Stephenson of the 92nd:
A RESOLUTION recognizing and commending First Lady Sandra Deal; and for other purposes.
HR 2175. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending Ms. Tracye D. Bryant; and for other purposes.
HR 2176. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending Dr. Babs Olusegun Onabanjo; and for other purposes.
HR 2177. By Representatives Smyre of the 132nd, Ralston of the 7th, Hugley of the 133rd, Smith of the 131st, Smith of the 129th and others:
A RESOLUTION recognizing and commending Major General Robert Brown; and for other purposes.
HR 2178. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending Mrs. Mattie Wilcox Ivy on the occasion of her 104th birthday; and for other purposes.
HR 2179. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending The Stewart Foundation and President Hank Stewart; and for other purposes.
HR 2180. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. Lamar Gibson; and for other purposes.

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HR 2181. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Miss Joel Francis Hansford; and for other purposes.
HR 2182. By Representatives Hatfield of the 177th, Ralston of the 7th, Hanner of the 148th, Smith of the 168th, Sims of the 169th and others:
A RESOLUTION honoring the life and memory of Honorable Harry D. Dixon, Sr.; and for other purposes.
HR 2183. By Representative Kaiser of the 59th:
A RESOLUTION honoring the life and memory of Reverend Charlie James Maddox, Sr.; and for other purposes.
HR 2184. By Representative Kaiser of the 59th:
A RESOLUTION honoring the life and memory of Ms. Lillie Mae Parks; and for other purposes.
HR 2185. By Representative Golick of the 34th:
A RESOLUTION recognizing and commending Mr. Mike McNabb for his service to the City of Smyrna; and for other purposes.
HR 2186. By Representative Kidd of the 141st:
A RESOLUTION recognizing and congratulating Mr. Bradford R. Borum and Ms. Shannon Leigh Wallace on the occasion of their marriage; and for other purposes.
Representative Meadows of the 5th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1977 Do Pass

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Respectfully submitted, /s/ Meadows of the 5th
Chairman
The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the Senate action thereon:
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.
Representative Knight of the 126th moved that the House insist on its position in disagreeing to the Senate amendment to HB 875 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Knight of the 126th, McCall of the 30th and Wilkinson of the 52nd.
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.

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The following Senate substitute was read:
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 an independent school district located in such county with more than 3,000 full-time equivalent students; 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:
"(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, for independent school districts with less than 3,000 full-time equivalent students, upon such other formula for distribution as may be authorized by local law agreed upon by all participating districts. Any law implementing this subparagraph shall not be considered a population Act. 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 for certain school systems?" 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:

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Representatives Coleman of the 97th, Maxwell of the 17th, and Dickson of the 6th offer the following amendment:

Amend the Senate Finance Committee substitute to HR 1150 (LC 34 3523S) by replacing lines 1 through 30 with the following: 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:
"(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.

Representative Coleman of the 97th moved that the House agree to the Senate substitute, as amended by the House, to HR 1150.

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

Y Abdul-Salaam Y Abrams

Y Davis

Y Heckstall

Y Dawkins-Haigler Y Hembree

Y Mayo Y McBrayer

E Setzler Y Shaw

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5807

Y Allison E Amerson E 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 N 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
Ehrhart Y England Y Epps, C Y Epps, J Y Evans N Floyd
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 Y Harrell Y Hatchett Y Hatfield Y Heard

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

Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan Y Morris Y Mosby
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 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 Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch Y 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 motion, the ayes were 163, nays 3.

The motion prevailed.

Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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repeal under certain conditions; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by revising Code Section 48-8143, relating to distribution of sales tax for educational purposes, as follows:
"48-8-143. The net proceeds of the sales tax for educational purposes shall be distributed in the manner provided under Article VIII, Section VI, Paragraph IV(g) of the Constitution unless for independent school systems with less than 3,000 full-time equivalent students, another distribution formula is provided for by the enactment of a local Act agreement of all participating parties. Any such local Act agreement providing for an alternate distribution formula shall not be amended during the time period for which the tax was imposed."
SECTION 2. (a) This Act shall become effective on January 1, 2013, only if a Constitutional amendment is ratified at the November, 2012, general election providing 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 an independent school district located in such county which has less than 3,000 fulltime equivalent students. (b) If such an amendment to the Constitution is not so ratified, then this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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The following amendment was read and adopted:
Representatives Coleman of the 97th, England of the 108th, and Dickson of the 6th offer the following amendment:
Amend the Senate Finance Committee substitute to HB 896 (LC 34 3524S) by replacing lines 1 through 27 with the following: 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by revising Code Section 48-8143, relating to distribution of sales tax for educational purposes, as follows:
"48-8-143. The net proceeds of the sales tax for educational purposes shall be distributed in the manner provided under Article VIII, Section VI, Paragraph IV(g) of the Constitution unless another distribution formula is provided for by the enactment of a local Act. Any such local Act providing for an alternate distribution formula shall not be amended during the time period for which the tax was imposed."
SECTION 2. (a) This Act shall become effective on January 1, 2013, only if a Constitutional amendment is ratified at the November, 2012, general election providing 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. (b) If such an amendment to the Constitution is not so ratified, then this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Coleman of the 97th moved that the House agree to the Senate substitute, as amended by the House, to HB 896.
On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 N 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 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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Kirby Y Knight Y Lane Y Lindsey
Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin N 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
O'Neal Y Pak Y Parent Y Parrish Y Parsons Y 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 Y Scott, M Y Scott, S

Y Setzler Y Shaw E 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 Y Waites Y Watson Y Welch Y 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 motion, the ayes were 168, nays 2.

The motion prevailed.

Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 234. By Senator Rogers of the 21st:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors

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on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

The Senate offers the following amendment:

Amend the House Committee on Judiciary substitute to SB 234 (LC 25 6064ERS) by inserting "to change provisions relating to rate of interest on past due taxes and the penalty on delinquent tax payments in certain counties;" after "appeal;" on line 3.

By inserting after "executions;" on line 4 the following: to eliminate the ability to transfer tax executions to third parties after the effective date of this Act;

By deleting "to provide for property tax review boards;" from line 10.

By inserting between lines 27 and 28 the following: amended by revising Code Section 48-2-40, relating to the rate of interest on past due taxes, as follows:
"48-2-40. Except as otherwise expressly provided by law, taxes owed the state or any local taxing jurisdiction shall bear interest at the rate of 1 .05 percent per month from the date the tax is due until the date the tax is paid. For the purposes of this Code section, any period of less than one month shall be considered to be one month. This Code section shall also apply to alcoholic beverage taxes."

Said title is further

SECTION 1A.

By replacing lines 80 and 88 with the following: (A) First-class first-class mail and certified mail; or

By replacing "first class" with "first-class" on line 113.

By deleting the quotation mark at the end of line 133 and inserting between lines 133 and 134 the following:
(j) On and after the effective date of this Code section, no tax execution shall be transferred pursuant to this Code section."

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By inserting between lines 162 and 163 the following:
SECTION 3A. Said title is further amended by revising subsection (b), subparagraph (c)(1)(B), and subsections (d) and (e) of Code Section 48-5-24, relating to the payment of taxes to the county in which returns are made, installment payments, interest, and penalties on delinquent tax payments in certain counties, as follows:
"(b) In all counties having a population of not less than 625,000 nor more than 700,000 according to the United States decennial census of 2000 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 of 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 2.5 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 2.5 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."
"(B) An additional rate of interest on the amount of such taxes, fees, service charges, and assessments which exceeds $1,000.00 equal to 1 .05 percent per annum for each full calendar month which elapses between the date that the taxes, fees, service charges, and assessments first become due and the date on which they are paid in full. The total rate of interest determined under this paragraph shall not exceed 12 6 percent per annum or the rate specified in Code Section 48-2-40, whichever is more. The additional rate of interest shall not apply to amounts determined to be owed by a taxpayer pursuant to any arbitration, equalization, or similar proceeding, if brought in good faith by the taxpayer, provided that the taxpayer shall have previously paid to the county or municipality the amount of such liability which was not in dispute;" "(d) In all counties having a population of not less than 150,000 nor more than 180,000 or not less than 183,000 nor more than 216,000 or not less than 218,000 nor more than 445,000 according to the United States decennial census of 1990 or any future such census, a penalty of 10 5 percent of the tax due shall accrue on taxes not paid on or before December 20 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

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penalty are paid. The tax collectors shall issue executions for such taxes, penalty, and interest against each delinquent taxpayer in their respective counties. The 10 5 percent penalty shall be paid over to the county fiscal authority to assist the county in paying the expense of collecting the delinquent taxes. (e) In all counties having a population of not less than 595,000 nor more than 660,000 according to the United States decennial census of 2000 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 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."
By deleting lines 224 through 266 and inserting in lieu thereof: Reserved.
By replacing lines 591 through 597 with the following: board of tax assessors. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 30 days of the date of mailing of the change notice, institute an appeal to the county board of tax assessors by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of appeal. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization.
By inserting after line 635 the following: (D) With regard to subparagraphs (A), (B), and (C) of this paragraph, in any year in which a taxpayer receives a property tax assessment increase of more than 10 percent per year, upon an annual basis, the county board of tax assessors shall make its determination and notify the taxpayer within 90 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 90 day period during such year, the appeal shall be automatically referred to the county board of equalization with written notice to the taxpayer, except as otherwise provided in this paragraph.
By replacing "occured" with "occurred" on line 699.
By replacing line 707 with the following: question. Such deduction shall be refunded to the taxpayer the entity or

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By replacing lines 918 and 919 with the following: overnight delivery not less than ten 30 days before the hearing. Such written notice shall advise each party that documents or other written evidence and a final submitted value to be presented at the
By replacing lines 1185 through 1207 with the following: tax commissioner by the county. A tax commissioner shall be specifically prohibited from contracting directly with a municipality and accepting, receiving, or retaining compensation from the municipality for such additional duties and responsibilities; provided, however, that he or she may be additionally compensated by the county for such additional duties and responsibilities. (2) No contract between a municipality and a tax commissioner which was entered into under this Code section prior to the effective date of this Code section and which provides in any manner for such tax commissioner to be compensated directly and personally for rendering any service in his or her official capacity for such municipality shall be in any way renewed or extended. Such contract shall remain in force and effect only until the expiration date specified in such contract, without any automatic renewal being able to occur. (3) No contract between a municipality and a tax commissioner shall be entered into under this Code section on or after the effective date of this Code section.
(b) Any contract, extension, or renewal which violates any provision of this Code section shall be deemed contrary to public policy and shall be unenforceable. (b)(c) With respect to any county for which the office of tax commissioner has not been created, any reference in subsection (a) of this Code section to the tax commissioner shall be deemed to refer to the tax receiver and the tax collector."
By replacing "2012" with "2013" on line 1278.
Representative Willard of the 49th moved that the House disagree to the Senate amendment to the House substitute to SB 234.
The motion prevailed.
HB 175. By Representatives Casas of the 103rd, Harrell of the 106th, Davis of the 109th, Brockway of the 101st, Nix of the 69th and others:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to enact the "Online Clearinghouse Act"; to create a clearinghouse through which local school systems may offer their computer-based courses to students of other local school systems; to provide for definitions; to provide for procedures and requirements for offering a course through the clearinghouse;

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to provide for enrollment in virtual courses offered through the clearinghouse; 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 Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to provide various additional academic and extracurricular options for students; to enact the "Online Clearinghouse Act"; to create a clearinghouse through which local school systems and charter schools may offer their computer-based courses to students in other local school systems and charter schools; to provide for definitions; to provide for procedures and requirements for offering a course through the clearinghouse; to provide for enrollment in virtual courses offered through the clearinghouse; to provide for course fees and payment; to provide for assignment of grades; to provide for offering of courses as dual enrollment and to nonpublic school students; to provide for rules and regulations; to provide for statutory construction; to enact the "Rachel Sackett Act"; to authorize public school students to participate in extracurricular activities at other public schools in their attendance zone; to provide for definitions; to provide that the student is subject to the same rules and regulations applicable to other students; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," is amended by adding new Code sections to read as follows:
"20-2-319.3. (a) This Code section shall be known and may be cited as the 'Online Clearinghouse Act.' (b) As used in this Code section, the term:
(1) 'Charter school' means a local charter school, as defined in paragraph (7) of Code Section 20-2-2062, a state chartered special school, as defined in paragraph (16) of Code Section 20-2-2062, and a commission charter school, as defined in paragraph (2) of Code Section 20-2-2081. (2) 'Clearinghouse' means the clearinghouse established pursuant to subsection (b) of this Code section.

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(3) 'One credit' and 'half-credit' mean the customary academic unit of credit granted for secondary school courses in this state. (4) 'Student's school system' means the local school system operating the school in which the student is lawfully enrolled. (c)(1) The department shall establish a clearinghouse of interactive distance learning courses and other distance learning courses delivered via a computer-based method offered by local school systems and charter schools for sharing with other local school systems and charter schools for the fee set pursuant to subsection (e) of this Code section. The department shall review the content of each course prior to including it in the clearinghouse to ensure that it meets state curriculum standards. The department is authorized to approve courses for inclusion in the clearinghouse if the content meets state curriculum standards, the applicant meets all technical requirements, and the course is delivered by a highly qualified teacher who exhibits exceptional teaching skills and methodology as certified by the local school system or charter school, which teacher's credentials and skills shall be subject to review and approval by the department. (2) To offer a course through the clearinghouse, a local school system or charter school shall apply to the department in a form and manner prescribed by the department. The application for each course shall describe the course of study in as much detail as required by the department, the qualification and credentials of the teacher, the number of hours of instruction, the technology required to deliver and receive the course, the technical capacity of the local school system or charter school to deliver the course, the times that the local school system or charter school plans to deliver the course, and any other information required by the department. The department may require local school systems and charter schools to include in their applications information recommended by the State Board of Education. (3) The department shall review the technical specifications of each application submitted pursuant to paragraph (2) of this subsection and shall determine if the local school system or charter school can satisfactorily deliver the course through the technology necessary for that delivery. All such courses shall be delivered only in accordance with technical specifications approved by the department. (4) The department may request additional information from a local school system or charter school that submits an application pursuant to paragraph (2) of this subsection, if the department determines that such information is necessary. The department may negotiate changes in the proposal to offer a course, if the department determines that changes are necessary in order to approve the course. (5) The department shall catalog each course approved for the clearinghouse, through a print or electronic medium, displaying the following:
(A) Information necessary for a student and the student's parent, guardian, or custodian and the student's school system or the student's charter school to decide whether to enroll in the course; and (B) Instructions for enrolling in that course, including deadlines for enrollment.

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(6) The department shall identify the copyright owner of each course in the catalog and shall assist local school systems and charter schools in understanding the process of registering copyrights and other protections of intellectual property under federal law, if requested. (d)(1) A student who is enrolled in a school operated by a local school system or in a charter school may enroll in a course included in the clearinghouse only if both of the following conditions are satisfied:
(A) The student's enrollment in the course is approved by the student's school system or the student's charter school; and (B) The student's school system or the student's charter school agrees to accept for credit the grade assigned by the local school system or charter school delivering the course. (2) For each student enrolling in a course, the student's school system or the student's charter school shall transmit the student's identification number and the student's name to the local school system or charter school delivering the course. The school system or charter school delivering the course may request from the student's school system or the student's charter school other information from the student's school record. The student's school system or the student's charter school shall provide the requested information only in accordance with state law. (3) The student's school system or the student's charter school shall determine the manner in which and facilities at which the student shall participate in the course consistent with specifications for technology and connectivity adopted by the department. (4) A student may withdraw from a course prior to the end of the course only by a date and in a manner prescribed by the student's school system or the student's charter school. (5) A student who is enrolled in a school operated by a local school system or in a charter school and who takes a course included in the clearinghouse shall be counted in the funding formula of the student's school system or the student's charter school as if the student were taking the course from the student's school system or the student's charter school. (e)(1) The department shall set appropriate fees for one-credit and half-credit courses. (2) The department shall proportionally reduce the fee for any student who withdraws from a course prior to the end of the course pursuant to paragraph (4) of subsection (d) of this Code section. (3) For each student enrolled in a course included in the clearinghouse, and not later than the last day of that course, the department shall deduct the amount of the fee for that course from the student's school system or charter school allotment and shall pay that amount to the local school system or charter school delivering the course. (4) From the funds received pursuant to paragraph (3) of this subsection, the local school system or charter school delivering the course shall pay the teacher conducting the course such additional amount of compensation as set by the department based on the number of students taking the course and the course fee.

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(f) The grade for a student who enrolls in a course included in the clearinghouse shall be assigned by the local school system or charter school that delivers the course and shall be transmitted by that school system or charter school to the student's school system or the student's charter school. (g) The department may determine the manner in which a course included in the clearinghouse may be offered as a dual enrollment program, may be offered to students who are enrolled in nonpublic schools or a home study program pursuant to Code Section 20-2-690, or may be offered at times outside the normal school day or school week, including any necessary additional fees and methods of payment for a course so offered. (h) The department shall promulgate rules and regulations for the implementation of this Code section. The department may coordinate the clearinghouse established pursuant to this Code section with the Georgia Virtual School established pursuant to Code Section 20-2-319.1. (i) Nothing in this Code section shall prohibit a local school system or charter school from offering an interactive distance learning course or other distance learning course using a computer-based method through any means other than the clearinghouse established and maintained under this Code section.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Casas of the 103rd offers the following amendment:
Amend the Senate substitute to HB 175 (HB 175/SCSFA/2) by striking from lines 11 through 14 the following: to enact the "Rachel Sackett Act"; to authorize public school students to participate in extracurricular activities at other public schools in their attendance zone; to provide for definitions; to provide that the student is subject to the same rules and regulations applicable to other students; to provide for rules and regulations;
By striking line 20 and inserting in lieu thereof the following: by adding a new Code section to read as follows:
By adding a quotation mark at the end of 128.
Representative Casas of the 103rd moved that the House agree to the Senate substitute, as amended by the House, to HB 175.
On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 E 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 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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick E Kidd Y Kirby Y Knight Y Lane Y Lindsey Y 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
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
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 E 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 Y Waites Y Watson Y Welch Y Weldon Y Wilkerson E Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E E Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 166, nays 0.

The motion prevailed.

Representative O`Neal of the 146th moved that the following Bill of the Senate be taken from the table:

SB 410. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Jeffares of the 17th, Heath of the 31st and others:

A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, so as to provide for annual indicators of the quality of learning by students, financial efficiency, and

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school climate for individual schools and for school systems; to provide for individual school and school system numerical score ratings based on student achievement, achievement gap closure, and student progress; to require that a letter grade be assigned to each school and school system and included on school and school system report cards; to revise provisions relating to awards and interventions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The motion prevailed.
The following Bills of the House were taken up for the purpose of considering the Senate action thereon:
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.
Representative Stephens of the 164th moved that the House insist on its position in disagreeing to the Senate substitute to HB 318 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Stephens of the 164th, England of the 108th and O`Neal of the 146th.
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

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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 following Senate amendment was read:
The Senate offers the following amendment:
Amend HB 869 (LC 40 0036) by striking line 9 and inserting in lieu thereof the following: board; to authorize the repeal of certain rules or regulations; to create and provide for responsibilities of the Coastal Finfish Advisory Panel; to change certain provisions relating to fishing with bow and arrow; to repeal certain
By inserting "(a)" at the beginning of line 161 and striking line 166 and inserting in lieu thereof the following: for by this title.
(b) Within the first ten days of a subsequent legislative session, the board shall report to the appropriate standing committees of each house and to all members whose districts are included within current boundaries of the First Congressional District the following information for the previous year:
(1) A listing and description of rules promulgated by the board for salt-water species listed in Code Section 27-4-10; and (2) A listing and description of any findings made by the department in making a determination pursuant to Code Section 27-4-130. (c) The General Assembly may override any rule or regulation promulgated by the board affecting salt-water finfish fisheries after January 1, 2013, by adopting a joint resolution of the General Assembly so stating, the provisions of Code Section 50-13-4 notwithstanding."
SECTION 6A. Said title is further amended by adding a new Code section to read as follows:
"27-4-13. (a) The Coastal Finfish Advisory Panel is established and shall be attached to the Department of Natural Resources for administrative purposes. The Coastal Finfish Advisory Panel shall consist of 11 members. One member shall be appointed by the commissioner from each of the following counties: Chatham, Bryan, Liberty, McIntosh, Glynn, and Camden. The remaining five members shall reside within the First Congressional District and shall also be appointed by the commissioner. Each member shall serve for a term of two years. Members of the advisory panel shall serve without compensation.

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(b) The Coastal Finfish Advisory Panel shall consult with the department to promote and protect recreational and commercial salt-water fishing in this state. (c) The department shall consult with the Coastal Finfish Advisory Panel on all issues affecting salt-water finfish fisheries, including but not limited to decisions made by the commissioner pursuant to Code Section 27-4-130. The Coastal Finfish Advisory Panel shall be authorized to submit to the General Assembly a report detailing its objection to any rule or regulation adopted by the department under the authority of this chapter."

By striking line 389 and inserting in lieu thereof the following: Section 27-2-23; provided, however, that no cashier employed by a licensed bait dealer and not actively involved in the harvest of bait shrimp shall be required to obtain a commercial fishing license under this Code section. No bait dealer license shall be issued to a person holding a commercial

The following amendment was read and adopted:

Representative Lane of the 167th offers the following amendment:

Amend the Senate amendment (AM 40 0028) to HB 869 by replacing lines 2 and 3 with the following: board; to authorize the repeal of certain rules or regulations; to change certain provisions relating

By deleting lines 20 through 37.

Representative Lane of the 167th moved that the House agree to the Senate amendment, as amended by the House, to HB 869.

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

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

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar Y Drenner N Dudgeon Y Dukes Y Dunahoo N Dutton Y Ehrhart E England Y Epps, C Y Epps, J

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

Y Mayo N 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 N Pak

Y Setzler Y Shaw E Sheldon Y 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

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

Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene N Hamilton Y Hanner N Harbin Y Harden, B N Harden, M Y Harrell Y Hatchett N Hatfield Y Heard

Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin
Maxwell

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 N Rogers, T
Rynders Y Scott, M Y Scott, S

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

On the motion, the ayes were 143, nays 22.

The motion prevailed.

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

Mr. Speaker:

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 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.

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JOURNAL OF THE HOUSE

The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Williams of the 19th, Unterman of the 45th, and Cowsert of the 46th.
The Senate has agreed to the House substitutes to the following bills of the Senate:
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 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.
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
SB 284. By Senator Golden of the 8th:
A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for provisions governing the creation and operation of land banks on and after July 1, 2011; to provide a short title and a statement of construction, intent and scope; to provide for legislative findings; to define certain terms; to provide for the creation, existence, and board membership of land banks; to provide

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for land bank powers, including those powers related to the acquisition and disposition of tax delinquent and other properties; to provide for public meetings of land banks, for the adoption of rules and regulations to address potential conflicts of interest, and for the dissolution of land banks; to provide an effective date; 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 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.
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.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

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JOURNAL OF THE HOUSE

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 following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
SB 368. By Senators Carter of the 1st, Ligon, Jr. of the 3rd, Millar of the 40th and Jackson of the 2nd:
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 provide for continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative Cooper of the 41st moved that the House insist on its position in substituting SB 368.
The motion prevailed.
SB 431. By Senators Hill of the 32nd and Loudermilk of the 52nd:
A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to add medical identity fraud to the provisions relating to identity fraud; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
The Senate offers the following amendment:
Amend SB 431 by adding on page 3, Section 2 line 68 before the word "Promotion" and add the words "National or Regional"

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On Section 4, page 4 line 113, strike "Permitting" and replace it with the word "Prohibiting"

Representative Ramsey of the 72nd moved that the House agree to the Senate amendment to the House substitute to SB 431.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 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 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 Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley
Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Kirby 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
Mitchell Morgan Morris Y Mosby Y 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 Y Scott, M Y Scott, S

Setzler Y Shaw E 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 Y Waites Y Watson Y Welch
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 motion the ayes were 161, nays 0.

The motion prevailed.

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JOURNAL OF THE HOUSE

Due to a mechanical malfunction, the vote of Representative Parent of the 81st was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
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.
Representative Collins of the 27th moved that the House insist on its position in substituting SB 225.
The motion prevailed.
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.
The following Senate amendment was read:
The Senate offers the following amendment:
Amend HB 1117 by inserting after "census;" on line 3 "to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to deposit of public funds in banks or depositories, so as to exempt hospital authorities from certain requirements;".
By inserting between lines 16 and 17 the following:
SECTION 1A. Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to deposit of public funds in banks or depositories, is amended by adding a new subsection to read as follows:

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5829

"(f) This Code section shall not apply to public funds of a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31."

Representative Clark of the 104th moved that the House agree to the Senate amendment to HB 1117.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black Y Braddock
Brockway Y Brooks Y Bruce Y Bryant Y Buckner Y Burns
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
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
Hanner Y Harbin
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 E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Kirby 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 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 Y Stephens, R Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch
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 motion, the ayes were 166, nays 0.

The motion prevailed.

HB 865. By Representatives Powell of the 29th, Harden of the 28th and Rice of the 51st:

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JOURNAL OF THE HOUSE

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 Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To enact the "Georgia Motor Common 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 Code Section 40-3-26 of the Official Code of Georgia Annotated, relating to delivery of certificate, notice to junior security interest holders and lienholders, and disposition of certificate when first lien or security interest satisfied, so as to provide for the electronic delivery of notices of recordings of security interests and liens; 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-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:

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"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.
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.

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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. (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.

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(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. (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.

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JOURNAL OF THE HOUSE

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 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.

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(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, household goods, property, 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; (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.

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(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; (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 or property shall, except as otherwise provided in this part, operate without first obtaining from the commissioner a certificate.

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(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. 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.

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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 or property 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 or property 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 or property shall apply for certificates required by this 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.

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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.
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.

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40-1-112. (a) No motor carrier of household goods or property 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 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

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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 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.

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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 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. (c) Except in those cases where the Constitution requires otherwise, for the purposes of venue only, any truck engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill shall not be classified as a motor common or contract carrier.
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

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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 or property 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 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

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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 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

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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 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

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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 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.

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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. (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

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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.
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;

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(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.
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.

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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 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.

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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.
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.

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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. Code Section 40-3-26 of the Official Code of Georgia Annotated, relating to delivery of certificate, notice to junior security interest holders and lienholders, and disposition of certificate when first lien or security interest satisfied, is amended by revising paragraph (2) of subsection (a) as follows:
"(2) The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. On or after January 1, 2013, the commissioner shall require that security interest holders and lienholders receive notice of recordings of security interests and liens electronically. Such requirement may be phased in based on criteria designated by the commissioner through duly adopted rules and regulations. Such security interest or lien shall remain on the official records of the department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release, or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee provided by Code Section 40-3-38."
SECTION 3. 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

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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 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 4.
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:

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"(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 5. 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."
SECTION 6. 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 7. 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.'

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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 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

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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 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

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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 (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 8. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (4) of Code Section 40-2-1, relating to definitions applicable to registration and licensing of motor vehicles, 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."

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SECTION 9. Said title is further amended by revising subsection (a) of 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, 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."
SECTION 10. Said title is further amended by revising subsection (c) of Code Section 40-6-248.1, relating to securing loads on vehicles, 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 11. Said title is further amended by revising subsection (b) of Code Section 40-16-2, relating to the primary responsibilities of the Department of Driver Services, 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;"

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SECTION 12. 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 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

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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 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

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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 13. 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 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 14. 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

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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. (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

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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; (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;

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(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. (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 15. 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."

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SECTION 16. Said title is further amended by repealing Chapter 7, relating to motor carriers, and designating said chapter as reserved.
SECTION 17. 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.
SECTION 18. 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 19. 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."

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SECTION 20. 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 Motor Carrier Safety Administration or the Georgia Public Service Commission Department of Public Safety."
SECTION 21. 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 22. 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 23. 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:

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"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."
SECTION 24. 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 25. 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."
SECTION 26. Article 6 of Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to construction of Chapter 32, the "Georgia Regional Transportation Authority Act," is amended by revising Code Section 50-32-71, relating to exemption of buses, motor vehicles, and rapid rail systems of the authority from motor carrier regulations, as follows:
"50-32-71. No provision of Chapter 7 of Title 46 Chapter 1 of Title 40 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services."

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PART III Effective Date and Repealer.
SECTION 27.

This Act shall become effective on July 1, 2012.

SECTION 28.

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

Representative Powell of the 29th moved that the House agree to the Senate substitute to HB 865.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke
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 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 N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Kirby 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 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 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 Y Waites Y Watson Y Welch Y 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

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On the motion, the ayes were 167, nays 5.

The motion prevailed.

Representatives Clark of the 98th and Dunahoo of the 25th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

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

SB 410. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Jeffares of the 17th, Heath of the 31st and others:

A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, so as to provide for annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems; to provide for individual school and school system numerical score ratings based on student achievement, achievement gap closure, and student progress; to require that a letter grade be assigned to each school and school system and included on school and school system report cards; to revise provisions relating to awards and interventions; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Committee substitute was previously read and adopted.

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

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

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

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

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

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

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

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

Y Dutton Ehrhart
Y England N Epps, C Y Epps, J N 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 Y Hatfield N Heard

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

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

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

On the passage of the Bill, by substitute, the ayes were 94, nays 67.

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

Representative Cooper of the 41st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Watson of the 163rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate action thereon:

HB 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.

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The following Senate amendments were read:

Senate Amendment #1

The Senate offers the following amendment:

Amend LC 34 3393S HB 916 by

Adding 1A after line 202 stating: The governing authority of a county shall not publish or promulgate any information which is inconsistent with the provisions of this Chapter.

Renumber accordingly.

Senate Amendment #2

The Senate offers the following amendment:

Amend LC 34 3393S to HB 916 by adding on line 164, after property;

Reasonable notice shall be provided to the property owner before being allowed a visual, on-site inspection of the property by the tax assessor.

Renumber accordingly.

Senate Amendment #3

The Senate offers the following amendment:

Amend HB 916 by

deleting "25" on line 154 and inserting "10".

Representative Knight of the 126th moved that the House agree to the Senate amendments to HB 916.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E Anderson Y Ashe N Atwood
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 N Holt

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows
Mitchell Y Morgan
Morris

Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L

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

Y Drenner Dudgeon
Y Dukes N 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

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

Y Mosby 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 Y Rynders Y Scott, M Y Scott, S

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 Y Waites Y Watson Y Welch Y 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 motion, the ayes were 154, nays 10.

The motion prevailed.

HB 332. By Representative Parsons of the 42nd:

A BILL to be entitled an Act to amend Code Section 46-5-167 of the Official Code of Georgia Annotated, relating to the Universal Access Fund, so as to eliminate unnecessary regulation by revising certain provisions related to such fund; 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 Code Section 46-5-167 of the Official Code of Georgia Annotated, relating to the Universal Access Fund, so as to provide requirements for showing contributions on

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5873

customers' bills; 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 46-5-167 of the Official Code of Georgia Annotated, relating to the Universal Access Fund, is amended by revising subsection (g) as follows:
"(g) A local exchange company or other company shall not establish a surcharge on customers' bills to collect from customers' contributions required under this Code section without first submitting to the Public Service Commission the methodology and data used by such company for approval by the commission and upon a showing to the commission that the surcharge does not result in an increase in the company's service rates; provided, however, that such company shall not be required to submit for approval separate line items or surcharges that are specifically authorized or required by federal law or other provisions of state law."

SECTION 2. This Act shall become effective January 1, 2013.

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

Representative Parsons of the 42nd moved that the House agree to the Senate substitute to HB 332.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 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 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 E James Y Jasperse Y Jerguson Y Johnson

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows
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 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

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Y Bryant Y Buckner Y Burns Y Byrd
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 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G
Manning Marin N Martin Y Maxwell

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 Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E E Williams, R Y Williamson
Yates Ralston, Speaker

On the motion, the ayes were 165, nays 1.

The motion prevailed.

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 following Senate substitute was read:

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 provide for the release of funds from an escrow account when a monument is placed into a bonded memorial storage program; 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

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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 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, is amended in Code Section 10-14-3, relating to definitions applicable to cemetery and funeral services, by revising paragraphs (12) and (17) and by adding a new paragraph to read as follows:
"(12) 'Cremation' includes any mechanical, chemical, or thermal, or other professionally accepted process whereby a deceased human being is reduced to ashes. Cremation also includes any other mechanical, chemical, or thermal, or other professionally accepted process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity." "(16.1) 'Funeral director in full and continuous charge' means a funeral director who is approved by the State Board of Funeral Service to assume full responsibility for the operations of a particular funeral establishment and who shall ensure that said establishment complies with this chapter and with all rules promulgated pursuant thereto as provided in Chapter 18 of Title 43. (17) 'Funeral service' means any service relating to the transportation, embalming, cremation, and interment of a deceased human being, as further described in paragraphs (10), (18), and (19) of Code Section 43-18-1."
SECTION 2. Said chapter is further amended by revising subsection (c) of Code Section 10-14-18, relating to duties of registrant and written contract, as follows:
"(c) The written contract shall be completed prior to the signing of the contract by the customer and a copy of the contract shall be provided to the customer. As used in this subsection, the term 'signing' includes any manual, facsimile, conformed, or electronic signature, and the term 'electronic signature' means an electronic symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document."
SECTION 3. Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and establishments, embalmers, and crematories, is amended by revising paragraphs (5) and (10) of Code Section 43-18-1, relating to definitions pertaining to funeral directors and establishments, embalmers, and crematories, as follows:
"(5) 'Cremation' means the reduction of the dead human body to residue by intense heat or any mechanical, chemical, thermal, or other professionally accepted process. Cremation also includes any other mechanical, chemical, thermal, or other

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JOURNAL OF THE HOUSE

professionally accepted process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity." "(10) 'Funeral' or 'funeral services' means the observances, services, or ceremonies held for dead human bodies and includes any service relating to the transportation, embalming, cremation, and interment of a dead human body."
SECTION 4. Said article is further amended by revising paragraph (19) of Code Section 43-18-46, relating to grounds for denial or revocation of license or registration, and other discipline, as follows:
"(19) Promoting or participating in a burial, funeral, or cremation society, burial, funeral, or cremation association, burial certificate plan, or burial membership plan, or other similar societies, plans, or associations;"
SECTION 5. Said article is further amended by revising subsection (c) of Code Section 43-18-50, relating to application for funeral service apprenticeship and period of apprenticeship, as follows:
"(c) The total period of apprenticeship shall be 3,120 hours and must be served in a minimum of 18 months, but the minimum period shall be in addition to the time required to graduate from a college of funeral service or other college pursuant to paragraph (1) of subsection (b) of Code Section 43-18-41. An apprentice shall be authorized to earn apprenticeship hours in an amount to be determined by the board while attending a postgraduate school or a program at an accredited college of funeral service or other college approved by the board."
SECTION 6. Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, is amended by revising paragraph (2) of Code Section 10-14-3, relating to definitions applicable to cemetery and funeral services, as follows:
"(2) 'Board' means 'Boards' mean the State Board of Cemeterians as described and authorized in Chapter 8B of Title 43 and the State Board of Funeral Service as described and authorized in Chapter 18 of Title 43."
SECTION 7. Said chapter is further amended by revising Code Section 10-14-3.1, relating to the authority of the State Board of Cemeterians, as follows:
"10-14-3.1. The board boards shall have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State shall delegate to the board boards all such duties otherwise entrusted to the Secretary of State; provided, however, that the Secretary of State shall have sole authority over matters relating to the regulation of funds, trust

THURSDAY, MARCH 29, 2012

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funds, and escrow accounts and accounting and investigations concerning such matters but shall delegate authority to the appropriate board for the review of such investigations and the determination as to disciplinary matters, necessary sanctions, and the enforcement of such decisions and sanctions. The State Board of Funeral Service shall have authority to promulgate rules and regulations and make disciplinary and sanctioning decisions relating to funeral services and persons other than cemeterians who offer for sale or sell burial or funeral merchandise. The State Board of Cemeterians shall have authority to promulgate rules and regulations and make disciplinary and sanctioning decisions relating to cemeteries and cemeterians. The Secretary of State shall delegate to each board according to such duties and responsibilities of the boards."
SECTION 8. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 10-14-4, relating to registration of dealers and cemeteries, perpetual care cemeteries trust funds, nonperpetual care cemeteries, and preneed escrow accounts, as follows:
"(2) Every person desiring to be a registered preneed dealer, other than a person already licensed by the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian, shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name of the applicant; (B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location; (C) All locations of the records of the applicant which relate to preneed sales in Georgia; (D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority, if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant; (E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation; (F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the

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applicant's preneed business in Georgia or which could materially affect the business or assets of the applicant; (G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities; (H) A consent to service of process meeting the requirements of Code Section 1014-24 for actions brought by the State of Georgia; (I) A list of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the applicant; (J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection; (K) The name, address, location, and telephone number of the preneed escrow account depository or depositories, the names of the accounts, and the account numbers; (L) An executed copy of the escrow agreement required by Code Section 10-14-7; (M) The name, address, and telephone number of the escrow agent; (N) Such other information and documents as the Secretary of State may require by rule; and (O) A filing fee of $250.00. The provisions of this chapter notwithstanding, a person licensed by the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian shall not be required to separately register as a preneed dealer; such person shall be deemed registered by virtue of obtaining and maintaining such license."
SECTION 9. Said chapter is further amended by revising Code Section 10-14-5, relating to preneed sales agents, contracts, and retention of employee data, as follows:
"10-14-5. (a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered as a preneed dealer, and all individuals who offer, sell, or sign contracts for the preneed sale of burial rights shall be registered with the Secretary of State as preneed sales agents, pursuant to this Code section, unless such individuals are exempted under this chapter or individually own a controlling interest in a preneed dealer registered under this chapter. For purposes of this Code section, any person licensed by or registered with the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian shall be deemed a registered preneed dealer by virtue of obtaining and maintaining such license. (b) All preneed sales agents must be employed by a registered preneed dealer.

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(c) A preneed dealer shall be liable for the activities of all preneed sales agents who are employed by the preneed dealer or who perform any type of preneed related activity on behalf of the preneed dealer. If a preneed sales agent violates any provision of this chapter, such preneed sales agent and each preneed dealer who employs such preneed sales agent shall be subject to the penalties and remedies set out in Code Sections 1014-11, 10-14-19, 10-14-20, and 10-14-21. (d) A preneed sales agent may be authorized to sell, offer, and execute preneed contracts on behalf of all entities owned or operated by the agent's sponsoring preneed dealer. (e) If the application for his or her registration is sent by certified mail, return receipt requested, or statutory overnight delivery, an individual may begin functioning as a preneed sales agent as soon as a completed application for registration, as set forth in subsection (g) of this Code section, is mailed submitted to the Secretary of State, provided that, if any such sales agent fails to meet the qualifications set forth in this chapter, the preneed dealer shall immediately upon notification by the Secretary of State cause such agent to cease any sales activity on its behalf. (f) The qualifications for a preneed sales agent are as follows:
(1) The applicant must be at least 18 years of age; (2) The applicant must not be subject to any order of the Secretary of State that restricts his or her ability to be registered as a preneed sales agent; and (3) The applicant must not have been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, have been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or have been convicted of a felony. (g) An application for registration as a preneed sales agent shall be submitted to the Secretary of State with an application fee of $100.00 by the preneed dealer on a form that has been designated by the Secretary of State and shall contain, at a minimum, the following: (1) The name, address, social security number, and date of birth of the applicant and such other information as the Secretary of State may reasonably require of the applicant; (2) The name, address, and license number of the sponsoring preneed dealer; (3) A representation, signed by the applicant, that the applicant meets the requirements set forth in subsection (f) of this Code section; (4) A representation, signed by the preneed dealer, that the applicant is authorized to offer, sell, and sign preneed contracts on behalf of the preneed dealer and that the preneed dealer has informed the applicant of the requirements and prohibitions of this chapter relating to preneed sales, the provisions of the preneed dealer's preneed contract, and the nature of the merchandise, services, or burial rights sold by the preneed dealer; (5) A statement indicating whether the applicant has any type of working relationship with any other preneed dealer or insurance company; and

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(6) A signed agreement by the applicant consenting to an investigation of his or her background with regard to the matters set forth in this Code section, including, without limitation, his or her criminal history. (h) An individual may be registered as a preneed sales agent on behalf of more than one preneed dealer, provided that the individual has received the written consent of all such preneed dealers. (i) A preneed dealer who has registered a preneed sales agent shall notify the Secretary of State within three business days of a change in such individual's status as a preneed sales agent with such preneed dealer or upon the occurrence of any other event which would disqualify the individual as a preneed sales agent. (j) Upon receipt and review of an application that complies with all of the requirements of this Code section, the Secretary of State shall register the applicant. The department Secretary of State shall by rule provide for annual renewal of registration and a renewal fee of $50.00. (k) Each cemetery registered under this chapter shall maintain in its files for a period of five years a properly completed and executed application for employment in a form prescribed by the Secretary of State for each employee, officer, independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions. If a request is made, said forms shall be made available for inspection by authorized representatives of the Secretary of State."
SECTION 10. Said chapter is further amended by adding a new Code section to read as follows:
"10-14-5.1. Any preneed insurance policy contract provided by a licensed insurance agent shall not reference or state the name of any funeral service provider, funeral director, or funeral establishment unless such contract is signed by the director of such establishment so named in the agreement. Any preneed insurance policy contract shall be signed by the insurance agent, consumer, and licensed funeral director of the funeral establishment named in said agreement. When a funeral establishment is named in a preneed insurance policy, the named funeral establishment shall be designated the assignee of the insurance benefit funds."
SECTION 11. Said chapter is further amended by revising Code Section 10-14-7, relating to preneed escrow accounts, as follows:
"10-14-7. (a)(1) The provisions of this Code section shall apply only to preneed dealers not governed by the provisions of Code Section 10-14-7.1. Each such preneed dealer which sells burial or funeral merchandise on a preneed basis or preneed burial or funeral services shall establish and maintain a trust or a preneed escrow account.

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(2) With respect to each monument, and outer burial container, bench, coping, and other burial and funeral merchandise items except for caskets, and except as otherwise provided in paragraph (3) of this subsection, the amount to be deposited to said trust or escrow account shall be not less than 35 percent of the sales price of such monument or outer burial container; in no event shall the amount deposited be less than 110 percent of the wholesale price of such monument or outer burial container items. For any other burial or funeral merchandise caskets, the amount to be deposited to said trust or escrow account shall be not less than 100 percent of the sales price of such merchandise; in no event shall the amount deposited be less than 110 percent of the wholesale price of such merchandise. If the contract of sale shall include grave spaces or items not deemed to be burial or funeral merchandise, the portion of the sales price attributable to the sale of the burial or funeral merchandise shall be determined, and it shall only be as to such portion of the total contract as constitutes burial or funeral merchandise that the deposit described in this paragraph shall be required. In the event that the sale of burial or funeral merchandise is under an installment contract, the required trust deposit shall be a pro rata part of the principal portion of each installment payment, such deposit only being required as payments are made by the purchaser for such burial or funeral merchandise. In the event the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to the undeposited portion of the required deposit of the sales price of such burial or funeral merchandise at such time as if the contract were paid in full. (3) With respect to a monument, or outer burial container, bench, coping, and other burial and funeral merchandise items except for caskets, the itemized sales price of which does not include the installation of such item, 100 percent of the installation cost shall be deposited in the trust or escrow account. (4) With respect to cash advance items and the sale of preneed funeral or burial services, the amount to be deposited to said trust or escrow account shall be 100 percent of the sales price of such funeral or burial services or the full amount of a cash advance item. The time and manner of deposit shall be the same as that specified for deposit of burial or funeral merchandise sale funds to the escrow account. (b) The deposit specified in paragraphs (2) and (3) of subsection (a) of this Code section shall be made not later than 30 days following the last day of the month in which any payment is received. (c)(1) The preneed trust or escrow account shall be established and maintained in a state bank, state savings and loan institution, savings bank, national bank, federal savings and loan association, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other organization approved by the Secretary of State which is located and doing business in this state. (2) If the account is maintained with a trustee, the assets of the trust account shall be invested and reinvested by the trustee subject to all the terms, conditions, limitations,

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and restrictions imposed by Georgia law upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to Code Sections 53-8-1 through 53-8-4 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-8-1 of the 'Revised Probate Code of 1998.' Subject to said terms, conditions, limitations, and restrictions, the trustee of the preneed accounts shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said account are invested, including proceeds of investments. (d)(1) For burial or funeral merchandise, funds Funds shall be released from the trust or escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, or at such times as described in the rules and regulations promulgated by the Secretary of State, not exceeding the lesser of 30 days from receipt of application for release or the time within which a preneed dealer is required by law to provide a refund to a purchaser. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need or, if the burial or funeral merchandise is not yet delivered, within the time required by law after a purchaser requests a refund. The preneed dealer is considered to have delivered burial or funeral merchandise when the burial or funeral merchandise is:
(A) Actually delivered to the purchaser at the time of need; (B) Actually delivered to the purchaser at the purchaser's request; (C) In the case of a monument, when the monument is attached to realty; or (D) In the case of a monument, when the preneed dealer has the monument manufactured for the purchaser and placed into storage with a responsible third party bonded and insured for the wholesale value thereof and evidence by a receipt specifically identifying the monument, the specific preneed contract, the location of the monument, and identify and address of the bonding and insuring parties. Notwithstanding the foregoing, outer burial containers may not be delivered prior to need. (2) Deposits made from funds received in payment of preneed services shall remain in the trust or escrow account until such services are performed, at which time said funds may be released to the preneed dealer. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds. (2)(3) The funds on deposit under the terms of this subsection shall be deemed and regarded as trust or escrow funds pending delivery of the burial or funeral merchandise concerned and said funds may not be pledged, hypothecated, transferred, or in any manner encumbered by the trust or escrow agent nor may said funds be offset or taken for the debts of the preneed dealer until such time as the merchandise has been delivered or the services performed;, but after delivery of the burial or funeral merchandise concerned.

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(e) At any time, in the event that the preneed trust or escrow account contains an amount less than the amount required by this Code section, the preneed dealer shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the preneed account an amount equal to such shortfall. In the event that the Secretary of State and the preneed dealer disagree regarding the amount of such shortfall, no penalty shall be imposed upon the preneed dealer for any failure to comply with this provision unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23. (e.1)(f) In the case of release of trust or escrowed funds to a purchaser at the purchaser's request pursuant to paragraph (1) of subsection (d) of this Code section, a sum not less than the lesser of 10 percent of the escrowed amount or one-half of the interest earned upon such funds as of the date of release, as provided by the Secretary of State by rule or regulation, may be retained by the preneed dealer as an administrative fee for reimbursement of the preneed dealer for costs. (f)(g) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the preneed trust or escrow account as required by this chapter or of fraud, theft, or other misconduct by the preneed dealer or the officers or directors of the preneed dealer which has wasted or depleted such funds, the preneed dealer or the officers or directors of the preneed dealer may be held jointly and severally liable for any deficiencies in the preneed trust or escrow account."
SECTION 12. Said chapter is further amended by adding a new Code section to read as follows:
"10-14-7.1. (a) Notwithstanding any provision to the contrary contained in Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia,' or in any other provision of law, a funeral establishment or a funeral director in full and continuous charge or his or her agent, representative, or employee may provide for funds to be deposited with a depository institution in accordance with this Code section and placed in an individual trust fund account that is:
(1) Titled in the name of a funeral establishment; (2) Established for the purpose of providing preneed funeral services; (3) Payable upon the death of the purchaser in favor of a funeral establishment for purposes of providing funeral services; and (4) Refundable to the purchaser's designee or the estate of the deceased, such that 100 percent of the trust funds following a deduction of any amounts paid or owing as taxes and a 3 percent charge for administrative costs shall be returned to the designee or estate where funeral services are not provided by the funeral establishment. (b)(1) One hundred percent of funds to be held in trust shall be deposited in the trust account. The deposit of such funds shall be made not later than 30 days following the last day of the month in which any payment is received. Trust fund accounts shall be established and maintained in a state bank, state savings and loan institution, savings bank, national bank, federal savings and loan association, whose deposits are insured

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by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other organization approved by the Secretary of State which is located and doing business in this state.
(2)(A) If the account is maintained with a trustee, the assets of the trust account shall be invested and reinvested by the trust agent subject to all the terms, conditions, limitations, and restrictions imposed by Georgia law upon executors and trustees regarding the making and depositing of investments with trust moneys and subject to the limitations and restrictions imposed pursuant to this Code section. (B) Subject to said terms, conditions, limitations, and restrictions, the trust agent of the a preneed account shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said account are invested, including proceeds of investments. Unless otherwise expressly provided in the will, a personal representative shall be authorized to invest funds in:
(i) Interest-bearing deposits in any chartered state or national bank or trust company or savings and loan association located in this state to the extent the deposits are insured by the Federal Deposit Insurance Corporation or comparable insurance; and (ii) Direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, and obligations of the agencies of the United States government enumerated in Code Section 53-8-3. The personal representative may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as now or hereafter amended, so long as:
(I) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations; (II) Such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; and (III) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share. (C) In making any other investments and in acquiring and retaining those investments and managing the property of the estate, the personal representative shall exercise the judgment and care, under the circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. (3) In the event that the sale of burial or funeral merchandise is under an installment contract, the required trust deposit shall be a pro rata part of the principal portion of

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each installment payment, such deposit only being required as payments are made by the purchaser for such burial or funeral merchandise. (c) Any person holding money in trust pursuant to this Code section shall first be required to register with the Secretary of State and pay an annual registration fee of $100.00 for the reimbursement of the office for administrative costs. The Secretary of State shall establish rules and regulations for investments of trust funds as necessary to preserve the corpus and income of such a fund and for determining what restrictions are necessary for such purposes. (d) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the trust account as required by this Code section or of fraud, theft, or misconduct by a funeral establishment or a funeral director or his or her employee, representative, or agent which has wasted or depleted such funds, the funeral establishment owners, funeral director, or employee, representative, or agent of a funeral director or establishment may be held jointly and severally liable for any deficiencies in the trust account. (e) Any other provision of law notwithstanding, a trust fund account established and maintained under this Code section and the moneys contained therein shall not be deemed an asset or income for purposes of recapture of income or funds owed or for any other purpose. (f) Nothing contained herein shall preclude a licensed funeral director in full and continuous charge from maintaining an escrow account with aggregate escrow funds for 100 percent of any preneed contract amount for purposes of passing through funds within 60 days to a trust fund account or payment of a policy of insurance for preneed services."
SECTION 13. This Act shall become effective on July 1, 2012.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Rogers of the 26th offers the following amendment:
Amend the Senate Regulated Industries and Utilities Committee substitute to HB 933 (LC 36 2188ERS) by deleting lines 53 through 57 and inserting in lieu thereof the following: Reserved.
By deleting lines 83 through 93 and inserting in lieu thereof the following: shall have sole authority over matters relating to the regulation of funds, trust funds, and escrow accounts and accounting and investigations concerning such matters but may delegate authority to the appropriate board for the review of such investigations and the

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determination as to disciplinary matters, necessary sanctions, and the enforcement of such decisions and sanctions. The State Board of Funeral Service shall have authority to promulgate rules and regulations and make disciplinary and sanctioning decisions relating to funeral services or funeral merchandise. The State Board of Cemeterians shall have authority to promulgate rules and regulations and make disciplinary and sanctioning decisions relating to burial services or burial merchandise. The Secretary of State may delegate to each board according to such duties and responsibilities of the boards."
By inserting after "preneed" on line 136 the following: trust or
By deleting line 138 and inserting in lieu thereof: (L) An executed copy of the trust or escrow agreement required by Code Section 10-14-7 or 10-14-7.1;
By inserting after "number of the" on line 139 the following: trust or
By deleting lines 143 through 147 and inserting in lieu thereof: The provisions of this paragraph notwithstanding, a person licensed by the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian shall not be required to separately register as a preneed dealer provided that the requirements of subparagraphs (A) through (N) of this paragraph are satisfied."
By deleting lines 157 through 161 and inserting in lieu thereof: interest in a preneed dealer registered under this chapter. For purposes of this chapter, any person licensed by or registered with the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian shall be deemed a registered preneed dealer, and regulated pursuant to the rules governing same, by virtue thereof.
By deleting lines 227 through 234 and inserting in lieu thereof: Any individual engaged in the sale of life insurance shall not use the name of any funeral establishment or any price list which identifies the funeral establishment or any reference to a funeral establishment or crematory in connection with the sale of life insurance without the express written authorization of the funeral establishment. When a preneed funeral contract is funded by a life insurance policy, the funeral establishment shall be designated as the assignee of the death benefit payable under the policy in accordance with the terms of the preneed contract."

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By deleting lines 239 through 343 and inserting in lieu thereof: "10-14-7. (a)(1) Each preneed dealer which sells burial or funeral merchandise on a preneed basis or preneed burial or funeral services, other than preneed funeral services described in Code section 10-14-7.1, shall establish and maintain a trust fund or a preneed escrow account. (2) With respect to each monument and outer burial container, bench, coping, and other burial and funeral merchandise items except for caskets, and except as otherwise provided in paragraph (3) of this subsection, the amount to be deposited to said trust or escrow account shall be not less than 35 percent of the sales price of such monument or outer burial container; in no event shall the amount deposited be less than 110 120 percent of the wholesale price of such monument or outer burial container items. For any other burial or funeral merchandise caskets, the amount to be deposited to said trust or escrow account shall be not less than 100 percent of the sales price of such merchandise; in no event shall the amount deposited be less than 110 percent of the wholesale price of such merchandise. If the contract of sale shall include grave spaces or items not deemed to be burial or funeral merchandise, the portion of the sales price attributable to the sale of the burial or funeral merchandise shall be determined, and it shall only be as to such portion of the total contract as constitutes burial or funeral merchandise that the deposit described in this paragraph shall be required. In the event that the sale of burial or funeral merchandise is under an installment contract, the required trust deposit shall be a pro rata part of the principal portion of each installment payment, such deposit only being required as payments are made by the purchaser for such burial or funeral merchandise. In the event the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to the undeposited portion of the required deposit of the sales price of such burial or funeral merchandise at such time as if the contract were paid in full. (3) With respect to a monument, or outer burial container, bench, coping, and other burial and funeral merchandise items except for caskets, the itemized sales price of which does not include the installation of such item, 100 percent of the installation cost shall be deposited in the trust or escrow account. (4) With respect to cash advance items and the sale of preneed funeral or burial services, the amount to be deposited to said trust or escrow account shall be 100 percent of the sales price of such funeral or burial services or the full amount of a cash advance item. The time and manner of deposit shall be the same as that specified for deposit of burial or funeral merchandise sale funds to the escrow account. (5) With respect to preneed burial services, the amount to be deposited to said trust or escrow account shall be not less than 35 percent of the sales price of such burial services; in no event shall the amount deposited be less than 120 percent of the wholesale price of such burial services. The time and manner of deposit shall be the same as that specified for deposit of burial or funeral merchandise sale funds to the escrow account.

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(b) The deposit specified in paragraphs (2), and (3), and (4), and (5) of subsection (a) of this Code section shall be made not later than 30 days following the last day of the month in which any payment is received. (c) The A preneed escrow account governed by the provisions of this Code section shall be established and maintained in a state bank, state savings and loan institution, savings bank, national bank, federal savings and loan association, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other organization approved by the Secretary of State which is located and doing business in this state.
(d)(1) If the account is maintained with a trustee, the assets of the trust fund shall be invested and reinvested by the trustee subject to all the terms, conditions, limitations, and restrictions imposed by Georgia law upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to Code Sections 53-8-1 through 53-8-4 of the 'Pre 1998 Probate Code,' if applicable, or Code Sections 53-8-1 and 53-12-340 of the 'Revised Probate Code of 1998,' if applicable, or Chapter 12 of Title 53, 'The Revised Georgia Trust Code of 2010.' Subject to said terms, conditions, limitations, and restrictions, the trustee of the preneed accounts shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said account are invested, including proceeds of investments. (2) Any state bank, national bank, or other financial institution authorized to act in a fiduciary capacity in this state, which presently or in the future serves as a fiduciary or cofiduciary of the trust fund of a preneed dealer, may invest part or all of such trust fund held by it for investment in interests or participation in one or more common trust funds established by that state bank, national bank, or other financial institution for collective investment, if such investment is not expressly prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of cofiduciaries, the trust institution procures the consent of its cofiduciary or cofiduciaries to such investment, and notwithstanding the fact that such common trust funds are not invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees in the making and disposing of their investments. (e)(1) For burial or funeral merchandise, funds Funds shall be released from the trust or escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, or at such times as described in the rules and regulations promulgated by the Secretary of State, not exceeding the lesser of 30 days from receipt of application for release or the time within which a preneed dealer is required by law to provide a refund to a purchaser. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need or, if the burial or funeral merchandise is not yet delivered, within the time required by law after a purchaser requests a

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refund. The preneed dealer is considered to have delivered burial or funeral merchandise when the burial or funeral merchandise is:
(A) Actually delivered to the purchaser at the time of need; (B) Actually delivered to the purchaser at the purchaser's request; (C) In the case of a monument, when the monument is attached to realty; (D) In the case of a monument, when the preneed dealer has the monument manufactured for the purchaser and placed into storage with a responsible third party bonded and insured for the wholesale value thereof and evidenced by a receipt specifically identifying the monument, the specific preneed contract, the location of the monument, and identify and address of the bonding and insuring parties; or (E) At such other times as prescribed by the rule or order of the Secretary of State. Notwithstanding the foregoing, outer burial containers may not be delivered prior to need. (2) Deposits made from funds received in payment of preneed services shall remain in the trust or escrow account until such services are performed, at which time said funds may be released to the preneed dealer. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds. (2)(3) The funds on deposit under the terms of this subsection shall be deemed and regarded as escrow funds pending delivery of the burial or funeral merchandise concerned and said funds may not be pledged, hypothecated, transferred, or in any manner encumbered by the escrow agent nor may said funds be offset or taken for the debts of the preneed dealer until such time as the merchandise has been delivered or the services performed;, but after delivery of the burial or funeral merchandise concerned. (e)(f) At any time, in the event that the preneed trust or escrow account contains an amount less than the amount required by this Code section, the preneed dealer shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the preneed account an amount equal to such shortfall. In the event that the Secretary of State and the preneed dealer disagree regarding the amount of such shortfall, no penalty shall be imposed upon the preneed dealer for any failure to comply with this provision unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23. (e.1)(g) In the case of release of trusted or escrowed funds to a purchaser at the purchaser's request pursuant to paragraph (1) of subsection (d) (e) of this Code section, a sum not less than the lesser of 10 percent of the trusted or escrowed amount or onehalf of the interest earned or return upon such funds as of the date of release, as provided by the Secretary of State by rule or regulation, may be retained by the preneed dealer as an administrative fee for reimbursement of the preneed dealer for costs. (h) The trustee shall furnish yearly to the Secretary of State a financial report in a form designated by the Secretary of State with respect to the preneed trust or escrow account.

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(i) Trust funds shall not be invested in or loaned to any business venture controlled by the preneed dealer, a person who owns a controlling interest of a cemetery owner that is not a natural person, or an affiliate of any of these persons or entities. (f)(j) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the preneed trust or escrow account as required by this chapter or of fraud, theft, or other misconduct by the preneed dealer or the officers or directors of the preneed dealer which has wasted or depleted such funds, the preneed dealer or the officers or directors of the preneed dealer may be held jointly and severally liable for any deficiencies in the preneed trust or escrow account."

By deleting line 347 through 352 and inserting in lieu thereof: (a) Notwithstanding any provision to the contrary contained in Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia,' or in any other provision of law, a preneed dealer registered or deemed registered pursuant to Code Section 10-14-5 who provides funeral services shall provide for funds to be deposited in an escrow account pursuant to Code Section 10-14-7 or with a depository institution in accordance with this Code section and placed in an individual trust fund account that is:

By deleting "trust agent" on lien 371 and inserting in lieu thereof "trustee".

By deleting line 375 and inserting in lieu thereof the following: (B) Subject to said terms, conditions, limitations, and restrictions, the trustee of

By deleting lines 378 and 379 and inserting in lieu thereof: of said account are invested, including proceeds of investments. representative shall be authorized to invest

A personal

By deleting "The" after the period in line 386 and deleting lines 387 through 396.

By deleting line 397 and inserting in lieu thereof the following: (C) In making investments pursuant to subparagraph (b)(2)(B) of this Code section and in acquiring and retaining those investments

By deleting lines 407 through 412 and inserting in lieu thereof the following: (c) The trustee shall furnish yearly to the Secretary of State a financial report in a form designated by the Secretary of State with respect to the preneed trust or escrow account.

By inserting between lines 427 and 428 the following: Said chapter is further amended by revising subsection (d) of Code Section 10-14-17, relating to enumeration of fees, as follows:
"(d) Other than the fees for the processing and for the sale of burial rights, burial or funeral merchandise, and burial or funeral services, no other fee may be directly or indirectly charged, contracted for, or received by a cemetery company as a condition

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for a customer to use any burial right, burial or funeral merchandise, or burial or funeral service, except for:"

SECTION 14. By redesignating Section 14 as Section 15.

Representative Rogers of the 26th moved that the House agree to the Senate substitute, as amended by the House, to HB 933.

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

Y Abdul-Salaam Abrams
Y Allison E Amerson E 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
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
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
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
Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick E Kidd Y Kirby 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 Y Neal, Y Y Nimmer Y Nix
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 Randall Y Reece Y Rice Y Riley 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
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 Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E E Williams, R Y Williamson
Yates Ralston, Speaker

On the motion, the ayes were 157, nays 0.

The motion prevailed.

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JOURNAL OF THE HOUSE

HB 247. By Representatives Neal of the 1st, Bearden of the 68th, Talton of the 145th, Parrish of the 156th, Howard of the 121st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the Department of Community Health to require fingerprinting and criminal background investigations of all applicants for licensure and currently licensed emergency medical services personnel; to provide definitions; 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 Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to general provisions for firefighter standards and training, so as to provide for the automatic termination of the certification of a firefighter convicted of a felony; 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 Life-sustaining Treatment; to provide for criminal background checks for persons seeking to become a guardian or conservator; to provide for a definition; to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide that the Department of Public Health shall accept criminal history background checks of applicants for certification from state and local law enforcement agencies; 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 4 of Title 25 of the Official Code of Georgia Annotated, relating to general provisions for firefighter standards and training, is amended by revising subsection (b) and paragraph (1) of subsection (c) of Code Section 25-4-8, relating to qualifications of firefighters generally, as follows:
"(b) For the purposes of paragraph (2) of subsection (a) of this Code section, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty or such decision, judgment, or verdict shall have

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been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of law to remove a disability under law because of such conviction. Any person convicted of a felony while he or she is a certified firefighter shall have his or her certification revoked. (c)(1) For the purposes of making determinations relating to eligibility under paragraph (2) of subsection (a) of this Code section, a local fire department shall provide information relative to prospective employees to the local law enforcement agency and a state fire department shall provide information relative to prospective employees to a state law enforcement agency. Such local or state law enforcement agency shall be authorized to obtain conviction data with respect to such prospective employees of a local or state fire department as authorized in this subsection. The local or state law enforcement agency shall submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the local or state law enforcement agency in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the local or state law enforcement agency shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this subsection and except to any person or agency which otherwise has a legal right to inspect the employment file. All such records shall be maintained by the local or state law enforcement agency pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought."
SECTION 2. 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."

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SECTION 3. 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 4. Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, is amended by revising subsections (d) and (e) of Code Section 31-11-51, relating to certification and recertification of emergency medical technicians, as follows:
"(d) The department shall by rule or regulation, consistent with the requirements of this paragraph, establish a procedure for requesting a fingerprint based criminal history records check from the center and the Federal Bureau of Investigation. Fingerprints shall be in such form and of such quality as prescribed by the center and under standards adopted by the Federal Bureau of Investigation. Fees may be charged as necessary to cover the cost of the records search. An applicant may request that a criminal history records check be conducted by a state or local law enforcement agency or by a private vendor approved by the department. Fees for criminal history records checks shall be paid by the applicant to the entity processing the request at the time such request is made. The state or local law enforcement agency or private vendor shall remit payment to the center in such amount as required by the center for conducting a criminal history records check. The department shall accept a criminal history records check whether such request is made through a state or local law enforcement agency or through a private vendor approved by the department. Upon receipt thereof of an authorized request, the center shall promptly cause such criminal records search to be conducted. The center shall notify the department in writing of any finding of

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disqualifying information, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. (e) Conviction data received by the department or a state or local law enforcement agency shall be privileged and shall not be a public record or disclosed to any person. Conviction data shall be maintained by the department and the state or local law enforcement pursuant to laws regarding such records and the rules and regulations of the center and the Federal Bureau of Investigation. Penalties for the unauthorized release or disclosure of conviction data shall be as prescribed by law or rule or regulation of the center or Federal Bureau of Investigation."

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Neal of the 1st moved that the House agree to the Senate substitute to HB 247.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 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 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
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 Y Henson Y Hightower Y Hill Y Holcomb Y Holmes N Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick E Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G

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
Powell, J Pruett Y Purcell Y Ramsey Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C

Y Setzler Shaw
Y Sheldon Y Sims, B Y Sims, C N Smith, 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 Y Thomas Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E

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Y Cooke Coomer
Y Cooper Y Crawford

Y Harrell Y Hatchett Y Hatfield Y Heard

Y Manning Y Marin Y Martin
Maxwell

Y Rogers, T Y Rynders Y Scott, M Y Scott, S

E Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 157, nays 3.

The motion prevailed.

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 Senate substitute was read:

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

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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.
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 President of the Senate 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

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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.

Representative Brockway of the 101st moved that the House agree to the Senate substitute to HR 1151.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 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 Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Kirby 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 Y Scott, M Y 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 Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch Y 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 motion, the ayes were 170, nays 1.

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5899

The motion prevailed.
Representative Hatfield of the 177th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
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 Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, 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 penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, is amended by revising Code Section 16-10-97, relating to intimidation or injury of grand or trial juror or court officer, as follows:
"16-10-97. (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;

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(2) 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) 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. (b) As used in this Code section, the term 'any officer in or of any court' means a judge, attorney, clerk of court, deputy clerk of court, court reporter, or probation officer. (c) A person who by threat or force or by any threatening action, letter, or communication endeavors to intimidate any law enforcement officer, outside the scope and course of his or her employment, or his or her immediate family member in retaliation or response to the discharge of such officer's official duties shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $5,000.00, or both."

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

Representative Epps of the 140th moved that the House agree to the Senate substitute to HB 541.

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

Y Abdul-Salaam Y Abrams
Allison E Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague Y Bell Y Benfield Y Benton
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 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 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 E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan

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 Y Oliver Y O'Neal Y Pak Y Parent Y Parrish Y Parsons Y Peake Y Powell, A

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 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

THURSDAY, MARCH 29, 2012

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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 E Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B
Maddox, G Y Manning Y Marin Y Martin Y Maxwell

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 Waites Y Watson Y Welch Y 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 motion, the ayes were 166, nays 0.

The motion prevailed.

Representative Beverly of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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 following Senate amendment was read:

The Senate offers the following amendment:

Amend HB 786 by striking from lines 46 and 47 the words "upon its approval by the Governor or upon its becoming law without such approval" and inserting "July 1, 2012" in their place.

The following amendment was read and adopted:

Representative Hembree of the 67th offers the following amendment:

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Amend HB 786 as amended by Senate Amendment 1 by deleting lines 1 through 4 of LC 28 5938 and inserting in lieu thereof the following: To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for comprehensive revision of the provisions relating to the Georgia Life and Health Insurance Guaranty Association; 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;
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
By deleting lines 8 and 9 and inserting in lieu thereof the following: Title 33 of the Official Code of Georgia 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.

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(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 (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.

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(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 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

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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 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

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(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, 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.

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(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 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;

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(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. (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,

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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:
(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.

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(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. (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

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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 (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;

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(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 (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

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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 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

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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; (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;

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(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 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

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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;. (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

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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 (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

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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; (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

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under the contract for coverage relating to periods before and after the date on which the order of liquidation was entered; (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

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superseded by a plan submitted by the association and approved in writing by the Commissioner. (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. Said title is further amended by revising subsection (a) of Code Section 33-57-5, relating
Representative Hembree of the 67th moved that the House agree to the Senate amendment, as amended by the House, to HB 786.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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
Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke
Coomer 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 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 E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Kirby 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 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 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
Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C Y Williams, E E Williams, R
Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 165, nays 1.

The motion prevailed.

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

Mr. Speaker:

The Senate has agreed to the House substitutes to the following bills of the Senate:

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SB 37. By Senators Carter of the 1st, Jackson of the 24th, Staton of the 18th, Rogers of the 21st, Williams of the 19th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to provide the State Properties Commission the authority to enter into multiyear lease agreements; to provide for the termination of certain rental and lease agreements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 50. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 15-6-95 of the Official Code of Georgia Annotated, relating to priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, so as to add certain fees for funding of local victim assistance programs into the list of priorities; to provide for related matters; 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.
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 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

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employment; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 356. By Senators Murphy of the 27th, Cowsert of the 46th, Hamrick of the 30th, Mullis of the 53rd, Miller of the 49th and others:
A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the Bell-Forsyth Judicial Circuit; to provide for the initial appointment of such judge by the Governor; to provide for the election and term of office of such judge; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.
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 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.
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.

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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.
SB 483. By Senators Mullis of the 53rd, Rogers of the 21st, Chance of the 16th, Golden of the 8th, Unterman of the 45th and others:
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 Senate has agreed to the House substitute to the following resolution of the Senate:
SR 84. By Senators Carter of the 1st, Jackson of the 24th, Staton of the 18th, Rogers of the 21st, Williams of the 19th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow state entities to enter into multiyear rental agreements without obligating present funds for the full obligation to the state under the full term of such agreements; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The Senate insists on its amendment to the House substitute to the following bill of the Senate:

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SB 234. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitutes to the following resolutions of the Senate:
SR 843. By Senator Mullis of the 53rd:
A RESOLUTION honoring the life of Mr. Bert Ward and dedicating a bridge in his memory; and for other purposes.
SR 873. By Senators Gooch of the 51st, Miller of the 49th, Williams of the 19th, Jeffares of the 17th, Staton of the 18th and others:
A RESOLUTION authorizing the granting of restrictive easements, nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Bartow, Bibb, Butts, Chatham, Clinch, Douglas, Fulton, Gordon, Hall, Houston, McDuffie, Newton, Tattnall, and Ware County; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 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

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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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Bulloch of the 11th, and Mullis of the 53rd.
The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:
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 Senate has passed by the requisite constitutional majority the following bills of the House:
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. 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.
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

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amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1680); to repeal conflicting laws; and for other purposes.
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.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
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.
The following Senate substitute was read:
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 Official Code of Georgia Annotated, 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 provide for modern technological advances in electronic record keeping; to provide for storage of depositions; to allow superior court clerks to serve as clerks in other courts; to change provisions relating to the selection of the clerk of court when a vacancy occurs; to increase the bond required by the clerk of court; to

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change provisions relating to the clerk's duties; to change provisions relating to recordation and display of maps and plats; to change provisions relating to destruction of obsolete records and preservation of newspapers with legal advertisements; to change provisions relating to payment of costs; to remove provisions relating to punishment of clerks; to change provisions relating to the process for removal of clerks; to change provisions relating to the location of clerk's offices and office hours; to remove the fee system; to change provisions relating to cases transferred from magistrate to state or superior courts; to repeal provisions relating to disposition of books; to change provisions relating to recording property records; to change provisions relating to the release of a lien upon the filing of a bond; to change provisions relating to inspection of records; to change provisions relating to microform standards; to amend Code Section 1-3-1, Title 15, and Title 42 of the Official Code of Georgia Annotated, relating to construction of statutes generally, courts, and penal institutions, respectively, so as to conform provisions and correct cross-references; 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; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by revising Code Section 9-11-29.1, relating to when depositions and other discovery material must be filed with court and custodian until filing, as follows:
"9-11-29.1. (a) Depositions and other discovery material otherwise required to be filed with the court under this chapter shall not be required to be so filed unless:
(1) Required by local rule of court; (2) Ordered by the court; (3) Requested by any party to the action; (4) Relief relating to discovery material is sought under this chapter and said material has not previously been filed under some other provision of this chapter, in which event copies of the material in dispute shall be filed by the movant contemporaneously with the motion for relief; or (5) Such material is to be used at trial or is necessary to a pretrial or posttrial motion and said material has not previously been filed under some other provision of this chapter, in which event the portions to be used shall be filed with the clerk of the court at the outset of the trial or at the filing of the motion, insofar as their use can be reasonably anticipated by the parties having custody thereof, but a party attempting to

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file and use such material which was not filed with the clerk at the outset of the trial or at the filing of the motion shall show to the satisfaction of the court, before the court may authorize such filing and use, that sufficient reasons exist to justify that late filing and use and that the late filing and use will not constitute surprise or manifest injustice to any other party in the proceedings. (b) Until such time as discovery material is filed under paragraphs (1) through (5) of subsection (a) of this Code section, the original of all depositions shall be retained by the party taking the deposition and the original of all other discovery material shall be retained by the party requesting such material, and the person thus retaining the deposition or other discovery material shall be the custodian thereof. (c) When depositions and other discovery material are filed with the clerk of court as provided in subsection (a) of this Code section, the clerk of court shall retain such original documents and materials until final disposition, either by verdict or appeal, of the action in which such materials were filed. The clerk of court shall be authorized thereafter to destroy such materials upon microfilming or digitally imaging such materials and maintaining such materials in a manner that facilitates retrieval and reproduction, so long as the microfilm and digital images meet the standards established by the Georgia Department of Archives and History; provided, however, that the clerk of court shall not be required to microfilm or digitally image depositions that are not used for evidentiary purposes during the trial of the issues of the case in which such depositions were filed."
SECTION 1-2. Said title is further amended by revising subsection (a) of Code Section 9-12-81, relating to the general execution docket, as follows:
"(a) The clerk of the superior court of each county shall be required to keep a general execution docket in paper or electronic data base form."
SECTION 1-3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-6-51, relating to eligibility to serve as city or state court clerk, as follows:
"15-6-51. Clerks The clerk of the superior courts court shall be eligible to hold the office of clerk of the city or municipal, state, or other court in the counties of their residence, on taking the oath and giving bond and security as prescribed by law."
SECTION 1-4. Said title is further amended by revising Code Section 15-6-53, relating to appointment of clerk by presiding judge, as follows:
"15-6-53. (a) If there is an absence or if the clerk or his deputy for any reason does not act as clerk at the time provided by law for holding a term of the superior courts, the presiding

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judge thereof shall appoint a clerk who shall hold the office of clerk during the term and for ten days thereafter. Any act which the appointed clerk does during such time which the clerk could have done shall be valid. In any county in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall become the clerk of superior court if the clerk of superior court dies, resigns, is removed from office pursuant to the provisions of Code Section 45-2-1, or otherwise vacates office. The chief deputy clerk shall hold office for the unexpired term of his or her predecessor, provided that more than two years of the clerk's term of office have expired at the time the clerk vacates office. If more than two years of the clerk's term of office have not expired at the time the clerk vacates office, a special election shall be held, as provided in subsection (c) of Code Section 21-2-540, at least 120 days but no later than 365 days after the date the vacancy occurred. The person elected on such date shall hold office for the unexpired term of his or her predecessor. The returns of the election shall be made to the Governor, who shall immediately commission the person elected clerk.
(b)(1) In any county in which a chief deputy clerk has not been appointed pursuant to Code Section 15-6-59, the probate judge shall immediately appoint a qualified person to serve as the interim clerk of superior court when the clerk vacates office for any reason. Such interim clerk shall serve in such capacity until the vacancy is filled pursuant to the provisions of this subsection; provided, however, that the interim clerk shall not serve more than one year. Any act done by the interim clerk during such period that the clerk could have done shall be valid. If, by the expiration of the time specified, there is no one else to act as clerk, the appointee mentioned in subsection (a) of this Code section may continue as such until there is an appointment or election. Any appointee or other person lawfully discharging the clerk's duties shall continue to do so until there is an election and qualification. (2) When a vacancy is filled pursuant to paragraph (1) of this Code section and it is more than six months from the date when the clerk vacated office until the next general election is held, the election superintendent for the county shall call a special election to fill the vacancy, as provided in subsection (c) of Code Section 21-2-540, and such official shall give notice in one or more of the public newspapers of the county, if any, 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 election. Such special election shall be held at least 120 days but no later than 365 days after the date the vacancy occurred. The person elected on such date shall hold office for the unexpired term of his or her predecessor. The returns of the election shall be made to the Governor, who shall immediately commission the person elected clerk."
SECTION 1-5. Said title is further amended by revising Code Section 15-6-54, relating to the appointment by probate judge pending filling of vacancy and duration of appointment, as follows:

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"15-6-54. (a) As soon as a vacancy in the office of superior court clerk occurs or in anticipation of such a vacancy, the judge of the probate court must appoint some qualified person to discharge the duties of clerk until the vacancy is filled. (b) When a vacancy occurs and it is not more than six months from the time the election can be called by the judge of the probate court and held until the existing term will expire, the person or persons appointed shall discharge the duties of the office for the balance of the term and there shall be no special election Reserved."
SECTION 1-6. Said title is further amended by revising Code Section 15-6-55, relating to emergency service by the probate court judge or clerk, as follows:
"15-6-55. (a) If from as a result of any sudden emergency there is a vacancy in the office of clerk of superior court, and a proper person who meets the qualifications for a clerk of superior court as set forth in Code Section 15-6-50 cannot immediately be appointed fill the vacancy pursuant to Code Section 15-6-53, the judge of the probate court or his clerk shall act as clerk of the superior court for a period not to exceed 120 days. Any act done by the probate judge during such period that the clerk could have done shall be valid. (b) If there is a temporary absence of the clerk of superior court for any reason not specified in Code Section 15-6-53 or if the clerk of superior court for any reason does not act as clerk at the time provided by law for holding a term of the superior courts and there is no chief deputy clerk to perform such duties, notwithstanding local law, the judges of the superior court of the judicial circuit by a majority vote shall appoint an interim deputy clerk who shall hold the office of clerk during the term of court and for ten days thereafter. If a majority of the judges do not agree to the selection of the interim deputy clerk, the chief judge of the superior court shall select the interim deputy clerk. Any act which the chief deputy clerk or the appointed clerk does during such time which the clerk could have done shall be valid."
SECTION 1-7. Said title is further amended by revising Code Section 15-6-56, relating to election to fill vacancy, term of office, and filling of vacancies in counties with chief deputy clerk, as follows:
"15-6-56. (a) When a vacancy occurs or in anticipation of a vacancy, the judge of the probate court of the county where it happens shall give notice in one or more of the public newspapers of the county, if any, and at the courthouse, and at three or more of the most public places of the county 20 days prior to the date of election, which date shall be set by him.

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(b) The person elected on such date shall hold office for the unexpired term of his predecessor. The returns of the election must be made to the Governor, who must commission the clerk. (c) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall succeed the clerk of the superior court if a vacancy occurs. The chief deputy clerk shall serve until January 1 following the next general election which is held more than 60 days after the date the vacancy occurs; provided, however, that in no event shall the chief deputy clerk serve past the date that the successor is qualified immediately upon the expiration of the term of office in which the vacancy was created. If a portion of the original term will remain unexpired after January 1, then a person to fill the vacancy for the remainder of the unexpired term shall be elected at such general election. In any such case, the other provisions of law for filling such a vacancy shall not apply. The provisions of this subsection shall only be applicable to the clerk of the superior court and shall not be applicable to other county officers Reserved."
SECTION 1-8. Said title is further amended by revising subsection (a) of Code Section 15-6-58, relating to oath of office, as follows:
"(a) The clerks of the superior courts, before entering upon the discharge of their duties, whether appointed, elected, or acting by operation of law besides the oath required of all civil officers, must take and subscribe to the following oath:
'I do swear or affirm that I will truly and faithfully enter and record all the orders, decrees, judgments, and other proceedings of the Superior Court of the County of ________, and all other matters and things which I am required by law ought by me to be recorded to record; and that I will faithfully and impartially discharge and perform all the duties required of me, to the best of my understanding. So help me God.'"
SECTION 1-9. Said title is further amended by revising Code Section 15-6-59, relating to bond and appointment of deputies, as follows:
"15-6-59. (a) The clerks clerk of each of the superior courts, except those appointed by a judge of the superior court and those becoming clerk by operation of law, shall execute bond in the sum of $25,000.00 $150,000.00, which amount may be increased in any county by local Act or by an ordinance or resolution of the governing authority. (b) The clerks of the superior courts shall have the power to appoint a deputy or deputies and may, upon making such appointment, shall require from him or them such deputies a bond with good security. The deputies shall take the same oaths as the clerks do before entering upon the discharge of their duties. The oath shall be administered by the clerk of superior court and recorded on the minutes of the superior court. Their powers Powers and duties of deputy clerks shall be the same as those of the clerks, as

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long as their principals continue in office and not longer, for faithful performance of which they and their securities shall be bound. The clerks of the superior courts shall also have the authority to appoint one of their deputies as chief deputy clerk unless otherwise provided by local law."
SECTION 1-10. Said title is further amended by revising Code Section 15-6-61, relating to duties of clerks generally, use of computerized record-keeping system, and printed copies of the grantor and grantee indices, as follows:
"15-6-61. (a) It is the duty of a clerk of superior court:
(1) To keep the clerk's office and all things belonging thereto at the county site and at the courthouse or at such other place or places as authorized by law; (2) To attend to the needs of the court in through the performance of the duties of the clerk required and enumerated by law, or as defined in court order, or rules; (3) To issue and sign every summons, writ, execution, process, order, or other paper under authority of the court and attach seals thereto when necessary. The clerk shall be authorized to issue and sign under authority of the court any order to show cause in any pending litigation and any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted; (4) To keep in the clerk's office the following dockets or books:
(A) An automated civil case management system which shall contain separate case number entries for all civil actions filed in the office of the clerk, including complaints, proceedings, Uniform Interstate Family Support Act actions, domestic relations, contempt actions, motions and modifications on closed civil actions, and all other actions civil in nature except adoptions; (B) An automated criminal case management system which shall contain a summary record of all criminal indictments in which true bills are rendered and all criminal accusations filed in the office of the clerk of superior court. The criminal case management system shall contain entries of other matters of a criminal nature filed with the clerk, including quasi-civil proceedings and entries of cases which are ordered dead docketed at the discretion of the presiding judge and which shall be called only at the judge's pleasure. When a case is thus dead docketed, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed; and (C) A docket, file, series of files, book or series of books, microfilm records, or electronic data base for recording all deeds, liens, executions, lis pendens, maps and plats, and all other documents concerning or evidencing title to real or personal property. When any other law of this state refers to a general execution docket, lis pendens docket, or attachment docket, such other law shall be deemed to refer to the docket or other record or records provided for in this subparagraph, regardless of the format used to store such docket;

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(5) To keep all the books, papers, dockets, and records belonging to the office with care and security and to keep the papers filed, arranged, numbered, and labeled, so as to be of easy reference; (6) To keep at the clerk's office all publications of the laws of the United States furnished by the state and all publications of the laws and journals of this state, all statute laws and digests, this Code, which shall be paid for from county or law library funds, the Supreme Court and Court of Appeals reports, and all other law books or other public documents distributed to him the clerk, for the public's convenience; provided, however, that the clerk may consent that these publications be maintained in the public law library; (7) To procure a substantial seal of office with the name of the court and the county inscribed thereon, if this has not already been done; (8) To make out and deliver to any applicant, upon payment to the clerk of legal fees, a correct transcript, properly certified, of any minute, record, or file of the clerk's office except for such records or documents which are, by provision of law, not to be released; (9) Upon payment of legal fees to the clerk, to make out a transcript of the record of each case to be considered by the Supreme Court or the Court of Appeals and a duplicate thereof numbered in exact accordance with the numbering of the pages of the original transcript of the record to be transmitted to the Supreme Court and the Court of Appeals; (10) To make a notation on all conveyances or of real or personal property, including liens, of the day date and time they were left to be recorded, which shall be evidence of the facts stated. Beginning July 1, 1998, all All liens or conveyances left to be filed shall presented to the clerk for filing shall be on 8 1/2 inch by 11 inch or 8 1/2 inch by 14 inch paper or the digital equivalent and shall have a three-inch margin at the top to allow space for the clerk's notation required by this paragraph. If any lien or conveyance shall be presented for filing without sufficient margin, the clerk shall attach a piece of paper sufficient to give such margin at the top of the filing. Such notation The clerk shall not record any instrument or document conveying real or personal property, including liens, that is not prepared as required by this paragraph. The notation required by this paragraph may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signature, or mechanical printing, or electronic signature or stamp; (11) To attest deeds and other written instruments for registration; (12) To administer all oaths required by the court or that may otherwise be required by law and to record all oaths required by law; (13) To transmit to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent within 24 hours of filing of any financing statement, amendment to a financing statement, assignment of a financing statement, continuation statement, termination statement, or release of collateral, by facsimile or other electronic means, such information and in such form and manner as may be required by the Georgia Superior Court Clerks' Cooperative Authority, for the purpose of including such

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information in the central indexing system administered by such authority; provided, however, that weekends and holidays shall not be included in the calculation of the 24 hour period; (14) To remit to the Georgia Superior Court Clerks' Cooperative Authority a portion of all fees collected with respect to the filings of financing statements, amendments to financing statements, assignments of financing statements, continuation statements, termination statements, releases of collateral, or any other documents related to personal property and included in the central index, in accordance with the rules and regulations of such authority regarding the amount and payment of such fees; provided, however, that such fees shall be remitted to the authority not later than the tenth day of the month following the collection of such fees, and the clerk shall not be required to remit such fees more often than once a week; (15) To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98, and any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate and personal property data for any such information systems established by such authority so as to provide for public access to real estate and personal property information, including liens filed pursuant to Code Section 44-2-2 and maps and plats. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property and such personal property information or access to such information which is of record in the office of clerk of the superior court and which is necessary to establish and maintain the information system, including information filed pursuant to Code Section 44-2-2 and maps and plats. Each clerk of the superior court shall provide and transmit real estate and personal property information filed in the office of the clerk of superior court, including information required by Code Section 44-2-2 and maps and plats, to the authority for testing and operation of the information system at such times and in such form as prescribed by the authority; (15.1)(16) To participate in any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning carbon sequestration results and related transactions for any such information systems established by such authority for purposes of the carbon sequestration registry established pursuant to Article 5 of Chapter 6 of Title 12, so as to provide for public access to carbon sequestration registry information. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such information evidencing carbon sequestration results and related transactions and access to such information which is of record in the office of clerk of the superior court and which is necessary for purposes of the carbon sequestration registry. Each clerk of the superior court shall provide and transmit carbon sequestration results and related transaction information filed in the office of the clerk of superior court to the authority for testing

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and operation of the electronic information system for the carbon sequestration registry at such times and in such form as prescribed by the authority. Each clerk shall charge and collect such fees as may be established by the Georgia Superior Courts Clerks' Cooperative Authority, which shall be paid into the county treasury less and except any sums as are otherwise directed to be paid to the authority, all in accordance with rules and regulations adopted by the authority pursuant to Code Section 15-6-97.2; (16)(17) To file and transmit all civil case filing and disposition forms required to be filed pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58;
(17)(18)(A) To transmit to the Superior Court Clerks' Cooperative Authority within 30 days of filing the civil case filing and disposition forms prescribed in Code Section 9-11-133. (B) To electronically collect and transmit to the Georgia Superior Court Clerks' Cooperative Authority all data elements required in subsection (g) of Code Section 35-3-36 in a form and format required by the Superior Court Clerks' Cooperative Authority and The Council of Superior Court Clerks of Georgia. The electronic collection and transmission of data shall begin no later than January 1, 2002. The data transmitted to the authority pursuant to this Code section shall be transmitted to the Georgia Crime Information Center in satisfaction of the clerk's duties under subsection (g) of Code Section 35-3-36 and to the Georgia Courts Automation Commission who which shall provide the data to the Administrative Office of the Courts for use of the state judicial branch. Public access to said data shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the authority; (18)(19) To participate in agreements, contracts, and networks necessary or convenient for the performance of the duties provided in paragraphs (16) and (17) of this subsection required by law; (19)(20) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court; and (20)(21) To keep an automated, computer based jury management system that facilitates the maintenance of the county master jury list pursuant to the provisions of Chapter 12 of this title unless this duty is delegated to a jury clerk as provided in subsection (a) of Code Section 15-12-11 or subsection (b) of Code Section 15-12-23. (b) Nothing in this Code section shall restrict or otherwise prohibit a clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or any other law, provided that any automated or computerized recordkeeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of superior 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 maintained.

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Regardless of the automated or computerized system elected, each clerk shall maintain and make readily available to the public complete, printed copies of the real estate grantor and grantee indices, which shall be updated regularly, and prepared in compliance with paragraph (15) of subsection (a) of this Code section and Code Section 15-6-66. A clerk of superior court shall be deemed to satisfy the provisions of subsection (c) of Code Section 50-18-70 when on-site, electronic access to computerized indices of county records is provided to the public during regular business hours and in compliance with this Code section."
SECTION 1-11. Said title is further amended by revising Code Section 15-6-62, relating to additional duties, as follows:
"15-6-62. (a) The clerk of the superior court is required to record all the proceedings relating to any civil action or criminal case within six months after the final determination of the case. Such recording may be in well-bound books, on microfilm, or in digital format. If a clerk elects to record proceedings on microfilm or in digital format, he or she shall make available to the public a machine for reading and reproducing such microfilmed or digitally formatted records. If a clerk elects to record proceedings in digital format, the provisions of Code Section 15-6-62.1 shall apply. (b) Every clerk of the superior or city courts must record immediately in his book of final records court shall record, microfilm, or digitally image for the purpose of permanently preserving:
(1) Every part of the pleadings in every case; (2) All garnishments, affidavits, bonds, and answers thereto; (3) All attachment affidavits, bonds, and writs of attachment; and (4) All claim affidavits and bonds and all bonds given in any judicial proceeding. The No clerk shall not allow any of such papers record to be taken from his or her office before recording them as required in this Code section. Such record shall constitute a part or all of the final record of the papers required by law to be made, as the case may be. (c) If any subsequent paper in the case is recorded, the clerk shall make a reference at the foot of the record required in this Code section, to the page where such subsequent record may be found and shall also state the case in the index to the book of record and shall enter the number of the pages on which the same is to be found. (d)(c) Where any paper so recorded becomes lost or destroyed, a certified copy thereof from the clerk of the superior court may be substituted. No fee shall be charged or collected for any such copy if the loss of the same is caused by or results from any negligence or fault of the clerk. (e) Any clerk who fails to discharge the duties set forth in this Code section is subject to be fined by the presiding judge, on his own motion, for a contempt whenever the judge discovers that the clerk has failed to discharge his duties. It shall be the duty of the judges of the several superior courts to give this law specially in charge to the grand

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juries and to require them to inform the court whether or not the clerk has performed the duties specified as aforesaid. However, clerks shall not be punished for contempt under this Code section until after the paper or papers required to be recorded have been filed for three months. (f)(d) This Code section shall not apply to cases dismissed and settled before the record is made."
SECTION 1-12. Said title is further amended by revising subsections (a) and (b) of Code Section 15-6-66, relating to grantor-grantee index, as follows:
"(a) The clerk of the superior court shall provide at the expense of each county a suitable duplex index book, or a series of books, or a card index, or a microfilm record, or an electronic data base, or an electronic, computer-based document management system, or any combination of one or more of such systems, in which shall be indexed the name of the grantor and grantee of every instrument recorded pursuant to subparagraph (a)(4)(C) of Code Section 15-6-61, such index to. Such index shall include the character of the instrument, the book or location of the record, and the date of filing and to include the time of filing if not otherwise reflected in the record. (b) The name of the grantor as listed in the index shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by the owner or by some other person, firm, or corporation on behalf of such owner, and whether or not such owner is deceased."
SECTION 1-13. Said title is further amended by revising Code Section 15-6-67, relating to recordation of maps and plats, and specifications, as follows:
"15-6-67. (a) The clerk of the superior court shall file and record in his or her office maps or plats relating to real estate in the county. (b) Maps or plats to be filed and recorded in the office of the clerk of the superior court shall be prepared in accordance with the following minimum standards and specifications adopted in the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors:
(1) Material. (A) Any such maps or plats shall be a good legible copy, such as a blue, white, or other commercial print reproduced from an original. (B) The minimum line widths and letter or character heights delineated on such maps or plats shall be as follows: (i) Maps or plats drawn on 8 1/2 inch by 11 inch or 8 1/2 inch by 14 inch tracings shall have a minimum line width of 0.010 inches and a minimum letter or character height of 0.080 inches; (ii) Maps or plats drawn on 11 inch by 17 inch tracings shall have a minimum line width of 0.010 inches and minimum letter or character height of 0.080 inches; or

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(iii) Maps or plats drawn on 17 inch by 22 inch or 24 inch by 36 inch tracings shall have a minimum line width of 0.013 inches and a minimum letter or character height of 0.080 inches. (C) In counties using microfilming procedures, when a map or plat is filed for record the original drawing, which shall not be larger than 24 inches by 36 inches, shall be submitted to the clerk for microfilming and a legible copy, which shall not be larger than 17 inches by 22 inches, shall be filed for record; provided, however, that a full-size positive copy of the original may be tendered and used for microfilming. The clerk shall enter manually or electronically the filing date, plat book number, and page number on the original drawing plats and shall cause the same information to be entered electronically on the digital copy presented for filing and shall return the an original drawing physical copy of the plat with the filing information on it to the land surveyor or the person filing the same for record. The clerk shall permanently retain the original physical and digital copy of the plat. Both the filing information and plat shall serve as evidence of the original drawing. The physical copy, the digital copy, or both may be displayed to the public in compliance with Code Section 15-6-68; (2) Caption. The maps Maps or plats shall have a title or name which shall be contained in the caption, and the caption shall also provide the following information: (A) The county, city, town, or village, land district and land lot, and subdivision, if the property lies within a particular subdivision; (B) The date of plat preparation and the date of the field survey; (C) The scale, stated and shown graphically; (D) The name, address, telephone number, and registration number of the land surveyor or the statement that he or she is the county surveyor and is not required by law to be a registered surveyor; and (E) All reproductions of original maps or plats shall bear the original signature, in black a contrasting color of ink, of the registrant placed across the registration seal in order to be a valid or recordable map or plat. The provisions of this subparagraph shall apply to all maps or plats that are sealed by a land surveyor which depict and describe real property boundaries. Maps and plats which do not meet the requirements of this subparagraph shall not be sealed nor recorded; (3) Size. Maps or plats shall not be less than 8 1/2 inches by 11 inches and not larger than can be recorded without folding; 24 inches by 36 inches, provided that the clerk shall be authorized to file maps or plats in compliance with this subparagraph. When an original map or plat is submitted to the clerk for filing and recordation, the clerk shall be authorized to accept the plat for recordation only upon receiving a minimum of two properly signed reproductions of the original physical plat and a digital copy that has been created at full scale, properly signed and in an electronic format acceptable by the Georgia Superior Court Clerks' Cooperative Authority. The digital copy shall be submitted via media approved by the clerk.

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(4) Data. Maps or plats shall be made in a professional manner and in accordance with the standards of good drafting procedures and shall show the following information, as specified:
(A) All maps or plats shall show the direction and distance from a point of reference to a point on the boundary of the individual survey, and such additional data as may be required to relocate the boundary point from the point of reference with the same degree of accuracy required of the parcel surveyed. The point of reference shall be an established, monumented position which can be identified or relocated from maps, plats, or other documents on public record; (B) All maps or plats of boundary surveys or subdivision surveys shall show bearings of all lines of the boundary or lot lines, and distances of all boundary or lot lines, and area of the parcels expressed in acres or square feet; (C) All maps or plats of boundary surveys shall show the closure precision of the field survey as the ratio of one foot to the traversed distance in which an error of one foot would occur and a statement as to the method of adjustment. The closure may be stated as follows:
'The field data upon which this map or plat is based has a closure precision of one foot in ______ feet, and an angular error of ______ per angle point, and was adjusted using ______ rule'; (D) All maps or plats of boundary surveys shall show the closure precision of the data shown on the map or plat. The closure may be stated as follows: 'This map or plat has been calculated for closure and is found to be accurate within one foot in ______ feet'; (E) All maps or plats shall show the width and the former widths, if pertinent, of all rights of way adjacent to or crossing the property or adjacent to any point of reference; (F) All maps or plats shall show easements and apparent encroachments, if pertinent; (G) In the case of curved lines, the curve shall be defined by curve data to include the radius, arc length, chord bearing, and distance for regular curves. Chord distances and directions shall be given for irregular curves; (H) All land lot lines, land district lines, land section lines, and city, county, and state boundaries intersecting or adjacent to the surveyed property shall be indicated by lines drawn upon the map or plat with appropriate words and figures; (I) All corner markers and markers of pertinent reference points shall be fully described and indicated as to their material or types and shall be constructed of a permanent material such as iron, steel, concrete, or stone; (J) An arrow shall be shown on the map or plat to indicate the principal meridian, and a notation shall be made as to the reference of bearings to magnetic north, astronomic north, or grid north. A grid north reference shall indicate the zone; (K) All linear distances shown on maps or plats shall be horizontal; (L) All angular directions shown on maps or plats shall be represented in degrees and minutes. Where plats state or surveys require accuracy in excess of 1 in 5,000,

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the angular directions shall be represented in degrees, minutes, and seconds. All angular directions shall be referenced to the principal meridian; (M) A statement shall be shown on the map or plat to indicate the type of equipment used to obtain the linear and angular measurements used in the preparation of the map or plat; and (N) All maps or plats shall show the state plane coordinates of at least two permanent monuments thereon, when a National Geodetic Survey monument is within 500 feet of any point on the property mapped or platted, or any point of reference shown thereon. (c) If the plat meets the requirements of subsections (b) and (d) of this Code section, it shall be the duty of the clerk of the superior court to file and record such map or plat or blueprint, tracing, photostatic copy, or other copy of a map or and digital image of such plat. (d) Whenever the municipal planning commission, the county planning commission, the municipal-county planning commission, or, if no such planning commission exists, the appropriate municipal or county governing authority prepares and adopts subdivision regulations, and upon receiving approval thereon by the appropriate governing authority, then no plat of subdivision of land within the municipality or the county shall be filed or recorded in the office of the clerk of the superior court of a county without the approval thereon of the municipal or county planning commission or governing authority and without such approval having been entered in writing on the plat by the secretary or other designated person of the municipal or county planning commission or governing authority. The clerk of the superior court shall not file or record a plat of subdivision which does not have the approval of the municipal or county planning commission or governing authority as required by this subsection. Notwithstanding any other provision of this subsection to the contrary, no approval of the municipal or county planning commission or governing authority shall be required if no new streets or roads are created or no new utility improvements are required or no new sanitary sewer or approval of a septic tank is required. Any plat of survey containing thereon a certification from the a licensed surveyor that the provisions relative to this subsection do not require approval of the municipal or county planning commission or governing authority shall entitle said plat to record. Any licensed surveyor who fraudulently certifies that a plat of survey does not require the approval specified in this subsection shall be guilty of a misdemeanor."
SECTION 1-14. Said title is further amended by revising Code Section 15-6-68, relating to display of maps and plats, index, land lot record, and notation of date and time on face of plat, as follows:
"15-6-68. (a) The clerk of each superior court shall provide appropriate binders, not less than 18 inches by 24 inches in size, in which the maps or plats or prints thereof referred to in Code Section 15-6-67 shall be placed without the necessity of folding in any manner.

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One of the binders and the prints therein contained shall be open to the general public for inspection, as are all other public records in the clerk's office. Alternatively, in those counties using microfilm procedures, the clerk thereof shall take such steps as are necessary to provide access to the same information books, binders, or any other alternative system, either manual or electronic, for providing public access to maps and plats. For all electronic images of plats submitted to the clerk on or after July 1, 2012, the clerk shall provide necessary equipment for printing either an entire full-size copy of each recorded plat or copies of sections of each entire recorded plat, printed in full scale. (b) The clerk of the superior court shall also provide an appropriate index book, or a series of index books, or a card index, or a microfilm record, or an electronic data base, or any combination of one or more of such systems, in which shall be indexed all such electronic, computer-based indexing system in which shall be indexed all maps or plats under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts. (c) In counties of this state that are divided into land lots, the clerk of superior court shall maintain a record for each individual provide an electronic, computer-based system for maintaining and searching a record for each land lot and land district by listing all surveys made for each lot and where they are recorded. (d) The clerk shall note the date and time of the filing of a plat for record on the face of the plat."
SECTION 1-15. Said title is further amended by revising Code Section 15-6-73, relating to destruction of obsolete records, as follows:
"15-6-73. (a) Clerks of the superior court are shall be authorized, from time to time, to destroy books containing records of instruments conveying personal property only, including bills of sale, mortgages, conditional sales contracts, retention title contracts, and bills of sale to secure debt, which records are over 15 whenever the records are older than five years of age. (b) Every clerk of the superior court or city court is shall be, from time to time, authorized to destroy original civil pleadings which have been recorded in the minutes or writ books of the court in every civil case which has been finally terminated for 20 years or more, except cases involving divorce, titles to land, legitimation of a child or children, and proceedings for adoption."
SECTION 1-16. Said title is further amended by revising Code Section 15-6-74, relating to preservation of newspapers containing advertisements, as follows:

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"15-6-74. (a) The clerk of the superior court is required to procure and preserve for public inspection a complete file of all newspaper issues in which his legal advertisements actually appear are published. (b) The issues of the newspapers so preserved shall be bound, microfilmed, photostated, or photographed, or digitally imaged in a format approved by the clerk and such newspapers, microfilm, photographs, or photostatic copies thereof shall be maintained within the county courthouse and made available to the public for a period of not less than 50 years, after which time the newspapers, microfilm, photographs, or other photostatic copies may be destroyed, at the discretion of the clerk of the superior court or copies thereof shall be preserved for historical purposes in electronic or micrographic format. (c) The clerk of the superior court is authorized to enter into an agreement with either the judge of the probate court or the sheriff of the county, or both, relative to the binding, retention, microfilming, photographing, or photostating digital imaging of the newspapers and their preservation and retention, in which event it shall be necessary that only one set of newspapers or copies thereof shall be retained in the county courthouse. Such set of newspapers or copies thereof shall include copies of the newspaper issues in which the clerk's advertisements appear and the newspaper issues in which the advertisements which the judge of the probate court or the sheriff, or both, are required to preserve and retain appear. The agreement shall specify the person who shall maintain and preserve the newspapers, microfilm, photographs, or photostatic digital copies. (d) Upon the request of a clerk of superior court, any journal or newspaper declared, made, or maintained as the official organ of any county for the publication of sheriff's sales, citations of probate court judges, or any other advertising commonly known in terms of 'official or legal advertising' shall provide to the clerk of superior court copies of such journal or newspaper containing legal advertisements, in digital format, as required by the clerk, when the clerk shall be required to comply with provisions of subsection (a) or (b) of this Code section. The copies shall be provided to the clerk, the judge of the probate court, and the sheriff by January 31 of the year following the year in which the newspaper served as the official legal organ of the county. The ability of a journal or newspaper to provide copies digitally or electronically may be a qualification by the clerk of superior court, the probate judge, and the sheriff in designating a journal or newspaper as the official legal organ of the county."
SECTION 1-17. Said title is further amended by revising Code Section 15-6-79, relating to payment of unpaid costs in felony cases, as follows:
"15-6-79. In all of the counties of this state in which superior court clerks are paid on a fee basis, all unpaid costs arising from services rendered in felony cases, including transcripts to appellate courts under indigency affidavits, which are due clerks of the superior courts

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shall be paid from county funds after each term of court by order of the judge approving same, whether the defendant is convicted or acquitted Reserved."
SECTION 1-18. Said title is further amended by revising Code Section 15-6-80, relating to payment of transcript costs to clerk before transmittal, as follows:
"15-6-80. In all cases certified to the appellate courts, the costs for preparing the transcript of the record shall be paid by the appellant to the clerk before the same is transmitted unless the judge presiding over the case being appealed approves an affidavit submitted to the judge by the appellant makes affidavit that he certifying that the appellant is unable to pay such costs or give security therefor upon the appellant providing adequate security for such costs."
SECTION 1-19. Said title is further amended by revising Code Section 15-6-82, relating to removal of superior court clerks, charges, and trial, as follows:
"15-6-82. A clerk of the superior court is subject to be removed from office by the judge of the court for any sufficient cause, including incapacity or misbehavior in office. The charges must be exhibited to the court in writing, and the facts tried by a jury. The clerk shall be entitled to a copy of the charges three days before trial. (a) Whenever the Governor determines that an investigation of a clerk of superior court of this state should be made as a result of criminal charges, alleged misconduct in office, or alleged incapacity of the clerk of superior court to perform the functions of his or her office, the Governor shall appoint an investigative committee consisting of two clerks of superior court who are members of The Council of Superior Court Clerks of Georgia and the Attorney General to conduct an investigation. Such clerks of superior court may be from any two counties in the state other than the county of the clerk of superior court under investigation. The members of any such committee shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with an investigation. The funds necessary to conduct an investigation shall come from the funds appropriated to the executive branch of the state government. (b) Any member of the committee shall be authorized to administer oaths to any witness before the committee. The committee shall make a report of its investigation to the Governor within 30 days from the date of the appointment of both clerk members by the Governor. (c) If the committee recommends the suspension of the clerk of superior court, the Governor shall be authorized to suspend the clerk of superior court for a period of up to 60 days. In any case where a clerk of superior court has been suspended for 60 days, the Governor may extend the period of suspension for an additional 30 days. Upon such recommendation, the Governor shall also be authorized to request the district

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attorney of the county of the clerk's residence to bring a removal petition against the clerk in superior court based upon the evidence reported by the committee. After the filing of such petition, a clerk of superior court is subject to being removed from office by the judge of the court for any sufficient cause, including incapacity or misbehavior in office. The charges must be exhibited to the court in writing, and the facts tried by a jury. The clerk shall be entitled to a copy of the charges three days before trial. In the event that the Governor determines that further investigation should be made, the Governor may then order additional investigation by the committee, the Georgia Bureau of Investigation, other law enforcement agencies of this state, or any special committee appointed by the Governor for such purpose. During any period of suspension, the clerk shall continue to hold office; however, the chief deputy clerk shall perform the duties of the clerk of superior court or, in the absence of a chief deputy clerk, an interim clerk shall be appointed as provided in paragraph (1) of subsection (b) of Code Section 15-6-53 to perform the duties of the clerk during the period of suspension. (d) If the clerk of superior court is indicted for a felony, the provisions of Code Section 45-5-6 shall apply."
SECTION 1-20. Said title is further amended by revising Code Section 15-6-86, relating to location of clerk's office in place other than courthouse, storage of records in different location, and county documents exception, as follows:
"15-6-86. (a) In the event that the space at the courthouse is inadequate for the clerk's office and the things belonging thereto, the clerk, in writing, may request the governing authority of the county to move his or her office to some other designated place in the county. In his or her request, the clerk shall state the inadequacy which exists. The governing authority is shall be authorized to comply with the request and may but may only designate another place as the office of the clerk with the approval of the clerk. Such place must be owned by the county or a body politic and shall not be more than 500 feet from the courthouse at their nearest points. The judge Notwithstanding local law, the judges of the superior court of the judicial circuit in which the county is located or the chief judge in those circuits having more than one judge by a majority vote must give written consent before the clerk shall be authorized to move his or her office to such place; provided, however, that failing a majority agreement the chief judge of the judicial circuit shall make such determination. (b) In the event that space at the courthouse or other place where the office of the clerk is located is inadequate to ensure the safe storage of archival or inactive records, the clerk, after obtaining written permission approval from the governing authority of the county and from the superior court judge of the circuit in which the county is located or the chief judge in those circuits having more than one judge, may cause the records to be stored at a data storage and retrieval facility within the State of Georgia. The clerk shall give public notice of the place of storage by posting notice at the courthouse. If

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documents are stored outside the county where the documents were created in any place other than the location where the documents were created, filed, or recorded, the government entity shall:
(1) Bear all costs of transporting such documents back to the county of origin for purposes of responding to requests under Article 4 of Chapter 18 of Title 50, relating to inspections of public records; and (2) Provide by contract for:
(A) Specific retrieval times in which documents requested shall be delivered; and (B) Payment of additional fees by the person requesting the document from the clerk for expedited service. (c)(1) Subject to the requirements of paragraph (2) of this subsection, in In a county where the county site is located in an unincorporated area of the county and the county governing authority has constructed one or more permanent satellite courthouses within the county and has further designated each such structure as a courthouse annex or has otherwise established each such structure as an additional courthouse to the courthouse located at the county site, the clerk of superior court shall be authorized to maintain his or her offices and all things belonging thereto including the permanent records at one of the additional courthouse locations or at the courthouse at the county site. The clerk of superior court may, but is shall not be required to, maintain a satellite office at an additional courthouse which is not the location of the clerk of superior court's main office where the permanent records are kept. No one may for any purpose remove records of the clerk of superior court from the courthouse or the clerk's satellite office without the written consent of the clerk; provided, however, that a judge or the judge's designee may check out a record or file for a case assigned to such judge upon providing a written receipt for such record or file to the clerk. (2) The judge of the superior court of the circuit in which the county is located, or the chief judge if the county is a part of a circuit having more than one judge, must give written consent for the relocation or additional office, or both, and the county governing authority shall provide the necessary office space at the alternate or additional location, or both. (d) Notwithstanding any other provision of this Code section, county documents, as defined in subsection (c) of Code Section 36-9-5, shall be stored only in accordance with the provisions of Code Section 36-9-5."
SECTION 1-21. Said title is further amended by revising Code Section 15-6-87, relating to use of photostatic and photographic equipment, as follows:
"15-6-87. (a) The clerk of the superior court of any county of this state may install and use photostatic or other photographic equipment, including microfilm photographic equipment, and electronic or computer equipment for use in the filing, docketing, recording, copying, binding, indexing, certification, and furnishing of copies, including certified copies, of any and all instruments, records, and proceedings or parts of the

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same of record or on file in the clerk's office, with the consent and permission only of the county governing authority. The equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds. The county governing authority shall supply all fixtures, supplies, and equipment necessary for the proper functioning of the office of clerk of superior court. (b) All provisions of law relating to the filing, docketing, recording, keeping, copying, binding, indexing, certification, and furnishing of copies of records, including certified copies, and those provisions relating to the amount of fees of officers in connection therewith, as far as may be consistent with this Code section, shall apply to such photostatic and digital, photographic, and electronic records and copies. (c) The provisions of this Code section for the installation and use of the equipment enumerated in subsection (a) of this Code section shall be construed as permissive only and are cumulative of other laws. However, should such equipment be purchased as authorized in this Code section, the use of the equipment shall be mandatory insofar as practical. (d) This Code section shall not be construed to change or repeal any rule of court or provision of law relating to records on appeal or review in the courts of this state."
SECTION 1-22. Said title is further amended by repealing Code Section 15-6-87.1, relating to participation in state-wide county computerized information network and authorized fees, as follows:
"15-6-87.1. Provided that the General Assembly appropriates the necessary funds for the establishment and operation of a state-wide county computerized information network, each clerk of a superior court shall participate in the network so as to provide local public access to any information which is filed with the Secretary of State pursuant to Title 14 and which is available through such a computerized information network. The network may be developed to provide each clerk of a superior court with additional public information. Each clerk of a superior court shall be authorized, but not required, to charge and collect a fee of not more than $2.00 for the first page and 50 per page for each additional page to recover the cost of providing a printed copy of any information which is available through the computerized information network."
SECTION 1-23. Said title is further amended by revising Code Section 15-6-88.1, relating to adjustment of schedule for certain counties containing federal land, as follows:
"15-6-88.1. In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1980 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 Code Section 15-6-88 shall be deemed to

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be the total population of the county minus the population of the county which resides on property of the United States government. Reserved."
SECTION 1-24. Said title is further amended by revising Code Section 15-6-89, relating to additional remuneration for certain services, as follows:
"15-6-89. In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court classified as a municipal court but funded through appropriations of the county governing authority, juvenile court, or civil court under any applicable general or local law of this state or who performs duties pursuant to paragraph (1) of subsection (a) of Code Section 15-12-1.1 shall receive for his or her services in such other court a salary of not less than $323.59 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court."
SECTION 1-25. Said title is further amended by revising Code Section 15-6-92, relating to continuation of fee system, as follows:
"15-6-92. Code Sections 15-6-88 through 15-6-91 and this Code section shall not be construed so as to place any clerk of the superior court who is on the fee system of compensation on April 1, 1973, on a salary system of compensation. Any clerk who is compensated under the fee system of compensation on April 1, 1973, shall continue to receive compensation under the fee system of compensation until local legislation is enacted by the General Assembly placing such clerk on an annual salary equal to or greater than the minimum annual salary provided for in Code Sections 15-6-88 through 15-6-91 and this Code section. Reserved."
SECTION 1-26. Said title is further amended by revising Code Section 15-6-93, relating to office hours, as follows:
"15-6-93. (a) Except as provided in this Code section, the office of each clerk of the superior court shall be open to conduct business Monday through Friday from at least 9:00 A.M. until 5:00 P.M. and shall not close for any period of time during such hours. (b) Any office of a clerk of a superior court which is open for operation on Saturday may close on one day Monday through Friday for a period of time equal to that period of time during which the office is open on Saturday. Nothing in this Code section shall be construed as requiring any office of a clerk of a superior court to be open on any

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public and holiday, legal holiday or, day of rest which, or other similar time that is recognized and designated as such by Georgia law or by the governing authority of the county. (c) This Code section shall only apply to the office of a clerk of a superior court if there is employed in that office at least one employee other than the clerk. (d) In any county of this state having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census, the clerk of superior court may close such office for a designated lunch period if all other county offices in the county courthouse simultaneously close for a lunch period. The period of closing of the clerk's office shall coincide with the period for closing the other county offices. (e) Nothing in this Code section shall be construed to require the office of the clerk of the superior court to be open if all other county offices are closed because of inclement weather or any other reason. (f) When it is necessary for the clerk of superior court to conduct necessary training of employees, the clerk may close his or her office for up to eight hours during any sixmonth period, provided that he or she gives at least ten days' notice to the public, or sooner with the approval of the chief judge of the superior court, prior to such closing, and provided, further, that there are no proceedings scheduled in superior court during the time of the closing. Proceedings shall include all civil or criminal hearings or trials, whether or not a jury is required. (g) When the clerk's office is closed for training purposes, the period of closure shall be deemed a legal holiday for such office and, therefore, all deadlines provided for by law for filing in the clerk's office any pleading, process, summons answer, or other document shall be extended to the next regular business day of the clerk's office. 'Business day' means a day on which the clerk's office is open for business and shall not include any Saturday, Sunday, or legal holiday officially observed by the office as provided in this Code section."
SECTION 1-27. Said title is further amended by adding a new Code section to read as follows:
"15-6-100. No agreement by a clerk to acquire services, supplies, or equipment authorized by this article that requires expenditure of county funds may be entered into unless the funds to be obligated are included in the budget of the county for the operation of the clerk's office at the time of the execution of such agreement."
SECTION 1-28. Said title is further amended by revising Code Section 15-10-87, relating to magistrate court filing fees to be transferred upon transfer of case to state or superior court, as follows:

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"15-10-87. (a) When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee, but as between the parties the costs shall be as in other cases in the state court or superior court. This subsection shall only apply to actions filed on or before June 30, 2012. (b) When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee; provided, however, that all costs and filing fees shall be paid by the parties within 30 days. Failure to pay such costs and filing fees shall result in a dismissal of the transferred case unless there is good cause shown. The magistrate court clerk shall transmit to the clerk of the state court or superior court a certified copy of the contents of the entire file for the case being transferred. This subsection shall only apply to actions filed on or after July 1, 2012."
SECTION 1-29. Said title is further amended by revising subsection (a) of Code Section 15-13-33, relating to the table of fees to be kept, as follows:
"(a) Every public official must shall constantly keep and have posted in a conspicuous place in his or her office or, the place where he usually executes the business thereof is conducted, or in an electronic format accessible to the public a table of his fees for his or her office stated in fair words and figures. On failure to do so, he shall forfeit $1.00 per day for every day he so neglects, to be recovered at the action of any informer. The informer shall be entitled to keep the entire recovery."
SECTION 1-30. Said title is further amended by revising Code Section 15-13-36, relating to restrictions on superior or state court clerks charging fees for certified copies of records, as follows:
"15-13-36. No clerk of any superior court or state court shall charge any fee for providing any certified copy of any record or portion thereof requested by a solicitor, solicitor-general, district attorney, or assistant district prosecuting attorney in this state for use in any criminal case."
SECTION 1-31. Said title is further amended by revising Code Section 15-16-11, relating to disposition of books, as follows:
"15-16-11. All books which the sheriff is required to keep, after becoming full, must be deposited in the office of the clerk of the superior court to be kept as are other books of record;

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provided, however, that records which the sheriff is required to keep and which are computerized shall be maintained and stored for computer retrieval in the office of sheriff Reserved."
SECTION 1-32. Code Section 36-9-5 of the Official Code of Georgia Annotated, relating to erection, repair, and furnishing of county buildings and storage of documents, is amended by revising paragraph (2) of subsection (c) as follows:
"(2) A county officer, the county board of tax assessors, or any other officer of the county having the responsibility or custody of any county documents set forth in paragraph (1) of this subsection shall, at night or when the county office is closed, keep such county documents:
(A) In a fireproof safe or vault; (B) In fireproof cabinets; (C) On microfilm, pursuant to the standards set forth in Article 6 of Chapter 18 of Title 50, only if a security copy has been sent to the Georgia State Archives; or (D) At a location not more than 100 miles from the county in a data storage and retrieval facility approved by the county governing authority within the State of Georgia which is in a building or facility which is in compliance with the fire safety standards applicable to archives and record centers as established by the National Fire Protection Association in Standard No. 232, as such standard was adopted on August 11, 1995. If documents are stored outside the county where the documents were created, the government entity shall bear all costs of transporting such documents back to the county of origin for purposes of responding to requests under Article 4 of Chapter 18 of Title 50, relating to inspections of public records. Such documents shall be made available to the requester; or (E) On any other electronic imaging medium that facilitates retrieval of such documents via electronic means, provided that such medium enables conversion of such documents to future electronic imaging technologies and provided that such custodian creates a daily computer-based backup of all archival documents stored on such medium."
SECTION 1-33. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising subsection (a) of Code Section 44-2-14, relating to requirements for recordation, as follows:
"(a) Except for documents electronically filed as provided for in Chapter 12 of Title 10, and in other Code sections in this part, before Before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it must shall be an original instrument and shall be attested or acknowledged as provided by law. However, nothing in this Code section shall dispense with another witness where an additional witness is required. This Code section shall not apply to transactions covered by Article 9 of Title 11."

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SECTION 1-34. Said title is further amended by revising Code Section 44-2-26, relating to recording of a plat or a copy of a plat, as follows:
"44-2-26. The owner of real property or of any interest therein or any holder of a lien thereon may have a plat of the property or a blueprint, tracing, photostatic digital copy, or other copy of a plat of the property recorded and indexed in the office of the clerk of the superior court of the county in which the property or any part thereof is located. It shall be the duty of the clerk to record and index any plat or any blueprint, tracing, photostatic digital copy, or other copy of the plat that conforms with Code Section 15-6-67."
SECTION 1-35. Said title is further amended by revising Code Section 44-5-30, relating to requisites of deeds to lands, as follows:
"44-5-30. Except for documents electronically filed as provided for in Chapter 12 of Title 10 and Part 1 of Article 1 of Chapter 2 of this title, a A deed to lands must shall be an original document, in writing, signed by the maker, and attested by at least two witnesses. It must shall be delivered to the purchaser or his or her representative and be made on a good or valuable consideration. The consideration of a deed may always be inquired into when the principles of justice require it."
SECTION 1-36. Said title is further amended by revising Code Section 44-14-4, relating to the procedure for cancellation of mortgage, as follows:
"44-14-4. Any mortgagor who has paid off his or her mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the mortgage instrument is recorded, together with the order of the mortgagee or transferee directing that the mortgage be canceled. After payment of the fee authorized by law, the clerk shall index and record, in the same manner as the original mortgage instrument is recorded, the canceled and satisfied mortgage instrument or such portion thereof as bears the order of the mortgagee or transferee directing that the mortgage be canceled, together with any order of the mortgagee or transferee directing that the mortgage be canceled. The clerk shall show on the index of the cancellation and on the cancellation document the deed book and page number where the original mortgage instrument is recorded. The clerk shall manually or through electronic means record across the face of the mortgage instrument the words 'satisfied' and 'canceled' and the date of the entry and shall sign his or her name thereto officially. The clerk shall also manually or electronically make a notation on the record of the mortgage to indicate where the order of the cancellation is recorded."

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SECTION 1-37. Said title is further amended by revising Code Section 44-14-364, relating to the release of a lien upon filing of bond, as follows:
"44-14-364. (a) When any person entitled under this part to claim a lien against any real estate located in this state files his or her lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure proceedings are instituted, discharge the lien by filing a bond in the office of that clerk upon the approval of a bond by the clerk of superior court. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any lien action that may be filed by the lienholder to recover the amount of his or her claim within 365 days from the time the claim of lien is filed. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court clerk of superior court or a cash bond, except in cases involving a lien against residential property the owner's domicile, in which event the bond shall be in the amount claimed under the lien. An owner or contractor may be required to provide supporting data to the clerk to prove the value of domiciled property when such property serves as a bond to discharge a lien provided for in this Code section. Upon the filing approval by the clerk of the bond provided for in this Code section, the real estate shall be discharged from the lien. For purposes of this subsection, the term 'domicile' means the established, fixed, permanent, or ordinary dwelling place of the owner. (b) Within seven days of filing such the bond required by subsection (a) of this Code section and any attachments, the party filing the such bond shall send a notice of filing such bond and a copy of the bond by registered or certified mail or statutory overnight delivery to the lien claimant at the address stated on the lien or, if no such address is shown for the lien claimant, to the person shown as having filed such lien on behalf of the claimant at the indicated address of such person or, if the bond is filed by a contractor, to the owner of the property, provided that whenever the lien claimant or the owner is an entity on file with the Secretary of State's Corporations Division, sending the notice of filing such bond and a copy of the bond to the company's address or the registered agent's address on file with the Secretary of State shall be deemed sufficient; provided, however, that the failure to send the notice of filing the bond and copy of the bond shall not invalidate the bond for purposes of discharge of a claim of lien under this Code section. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, the market value, and the value of the sureties' interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists, it shall constitute a lien against the property described in the attached affidavit.

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(b)(c) The clerk of the superior court shall have the right to rely upon the amount specified in the claim of lien in determining the sufficiency of any bond to discharge under this Code section. The failure to specify both the amount claimed due under the lien and the date said claim was due shall result in such lien not constituting notice for any purposes. (d) The clerk of the superior court shall be held harmless for good faith regarding any discretionary act in connection with approval of any bond provided for in this Code section."
SECTION 1-38. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by revising subsection (c) of Code Section 50-18-70, relating to inspection of public records, as follows:
"(c) Any Except as provided in subsection (b) of Code Section 15-6-61, any computerized index of a county real estate deed records shall be printed or made available through electronic means 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 or made available through electronic means and shall reflect the time and date that said index was corrected."
SECTION 1-39. Said chapter is further amended by revising subsection (a) of Code Section 50-18-98, relating to title to records and access to records of constitutional officers, as follows:
"(a) Title to any record transferred to the Georgia State Archives as authorized by this article shall be vested in the division. The division shall not destroy any record transferred to it by an agency without consulting with the proper official of the transferring agency prior to submitting a retention schedule requesting such destruction to the State Records Committee. Access to records of constitutional officers shall be at the discretion of the constitutional officer who created, received, or maintained the records, but no limitation on access to such records shall extend more than 25 years after creation of the records. As used in this Code section, the term 'constitutional officer' means the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor."
SECTION 1-40. Said chapter is further amended by revising Code Section 50-18-120, relating to the authority for establishment of microform standards, as follows:
"50-18-120. The authority for the establishment of microform standards shall be vested in the State Records Committee. All powers and duties of the State Records Committee as provided in Article 5 of this chapter shall be applicable to the establishment and maintenance of microform standards in this state. With respect to microform standards

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for the courts, the concurrence of the Administrative Office of the Courts The Council of Superior Court Clerks of Georgia and the Judicial Council of Georgia shall be required for the establishment of such standards."
PART II SECTION 2-1.
Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes generally, is amended by revising division (d)(2)(A)(ii), as follows:
"(ii) Code Sections 15-6-88 through 15-6-92 15-6-91;"
SECTION 2-2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (c) of Code Section 15-1-10, relating to removal and storage of court records, as follows:
"(c) With the prior written consent of the governing authority of the county or municipality and the prior written consent of the chief judge, judge of the probate court, or chief magistrate of the affected court, the clerk of each superior court, state court, probate court, magistrate court, juvenile court, or municipal court in this state is authorized, but not required, to create and maintain digital copies of records, pleadings, orders, writs, process, and other documents submitted to or issued by the court in criminal, quasi-criminal, juvenile, or civil proceedings or in any proceedings involving the enforcement of ordinances of local governments. All digital copies created pursuant to this subsection shall be accurate copies of the original documents and shall be stored and indexed in such manner as to be readily retrievable in the office of the clerk during normal business hours. It shall be the duty of the clerk to provide and maintain software and computers, readers, printers, and other necessary equipment in sufficient numbers to permit the retrieval, duplication, and printing of such digitally stored documents in a timely fashion when copies are requested. A copy of such digitally stored document retrieved by the clerk shall be admissible in all courts in the same manner as the original document. If a backup copy is created pursuant to the process prescribed by subsections (b), and (c), and (d) of Code Section 15-6-62, the clerk is authorized to destroy the original document. This subsection shall not apply to documents or records which have been ordered sealed by the court nor to documents which are placed in evidence in a proceeding. The costs of creating and storing digital copies of documents and providing the necessary software and equipment to retrieve and reproduce such documents shall be paid from funds available for the operation of the court. The provisions of this subsection shall constitute an additional and alternative method of records management and shall not supersede or repeal Code Section 15-6-62, 15-6-62.1, 15-6-86, or 15-6-87."

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SECTION 2-3. Said title is further amended by revising Code Section 15-6-57, relating to election to break a tie, as follows:
"15-6-57. Should any two or more candidates at an election to fill a vacancy in the office of superior court clerk, or at a regular election, have the highest and an equal number of votes, the judge of the probate court shall set a date and advertise another election in the manner prescribed in Code Section 15-6-56 15-6-53 and shall do so until a choice is made."
SECTION 2-4. Said title is further amended by revising subsections (b), (c), and (d) of Code Section 156-90, relating to longevity increases, as follows:
"(b) The minimum salaries provided for in Code Sections 15-6-88 and 15-6-89, this Code section, and Code Sections Section 15-6-91 and 15-6-92 shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a clerk's office shall come from funds other than the funds specified as salary in such Code sections. (c) This Code section shall not be construed to affect any local legislation, except where such local legislation provides for a salary lower than the salary provided in Code Sections 15-6-88 and 15-6-89, this Code section, and Code Sections Section 15-691 and 15-6-92, in which event such Code sections shall prevail. (d) Code Sections 15-6-88 and 15-6-89, this Code section, and Code Sections Section 15-6-91 and 15-6-92 shall not be construed to reduce the salary of any clerk of the superior court presently in office."
SECTION 2-5. Said title is further amended by revising Code Section 15-6-91, relating to the effect of salary provisions on local legislation, as follows:
"15-6-91. All local legislation in effect on April 1, 1973, or enacted subsequent to April 1, 1973, and affecting compensation for clerks of the superior courts of the various counties shall be of full force and effect except where such local legislation provides for a salary lower than the salary provided in Code Sections 15-6-88 through 15-6-90, and this Code section, and Code Section 15-6-92, in which event such Code sections shall prevail."
SECTION 2-6. Said title is further amended by revising subsection (b) of Code Section 15-16-8, relating to filling the vacancy in the office of sheriff, as follows:
"(b) If the probate judge fails to appoint a qualified person to discharge the duties of the sheriff until the vacancy is filled 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

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coroner, the sheriff of any adjoining county is authorized to act as sheriff until the probate judge of the probate court makes the appointment or an election is held."
SECTION 2-7. Said title is further amended by revising subsection (b) of Code Section 15-16-10, relating to duties of the sheriff and electronic storage, as follows:
"(b) If any sheriff or deputy fails to comply with any provision of subsection (a) of this Code section, he or she shall be fined for a contempt as the clerk of the superior court is fined in similar cases. Code Section 15-6-82, as to removal, 15-16-26 shall also apply to sheriffs."
SECTION 2-8. Said title is further amended by revising subsection (c) of Code Section 15-16-26, relating to investigation of charges against the sheriff, as follows:
"(c) If the committee recommends the suspension of the sheriff, the Governor shall be authorized to suspend the sheriff for a period of up to 60 days. In any case where a sheriff has been suspended for 60 days, the Governor may extend the period of suspension for an additional 30 days. Upon such recommendation, the Governor shall also be authorized to request the district attorney of the county of the sheriff's residence to bring a removal petition against the sheriff pursuant to subsection (b) of Code Section 15-16-10 and Code Section 15-6-82 15-16-26 based upon the evidence reported by the committee. In the event that the Governor determines that further investigation should be made, he or she may then order additional investigation by the committee, by the Georgia Bureau of Investigation, by other law enforcement agencies of this state, or by any special committee appointed by the Governor for such purpose."
SECTION 2-9. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising paragraph (5) of subsection (c) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows:
"(5) Keep all records of sexual offenders in a secure facility in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1 until official proof of death of a registered sexual offender; thereafter, the records shall be destroyed in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1."
SECTION 2-10. Said title is further amended by revising subsection (c) of Code Section 42-4-4, relating to duties of sheriff as to inmates and failure to comply, as follows:
"(c) Any sheriff or deputy who fails to comply with this Code section shall be fined for contempt, as is the clerk of the superior court in similar cases. The sheriff or deputy shall also be subject to removal from office as prescribed in Code Section 15-6-82 1516-26."

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PART III SECTION 3-1. 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 3-2. 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 3-3. 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. (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."
PART IV SECTION 4-1.
All laws and parts of laws in conflict with this Act are repealed.

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Representative Maddox of the 127th moved that the House agree to the Senate substitute to HB 665.

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

Abdul-Salaam Y Abrams Y Allison E Amerson E Anderson Y Ashe Y Atwood Y Baker
Battles Y Beasley-Teague Y Bell Y Benfield Y Benton Y Beverly Y Black N Braddock
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 N 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 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 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 N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Kirby Y Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin N Maxwell

Y Mayo Y McBrayer Y McCall Y McKillip N Meadows Y Mitchell Y Morgan Y Morris Y Mosby N 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 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 Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley N Thomas Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E E Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 157, nays 8.

The motion prevailed.

Representative Meadows of the 5th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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Mr. Speaker:
The Senate has disagreed to the House amendment to the Senate substitute to the following resolution of the House:
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 following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
SB 234. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Representative Willard of the 49th moved that the House insist to its position in disagreeing to the Senate amendment to the House substitute to SB 234 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Willard of the 49th, Channell of the 116th and Knight of the 126th.

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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.
The following Senate substitute was read:
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 comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance; to provide for changes to license requirements for certain resident independent adjusters; to add certain nonresident independent adjuster license requirements; to correct certain language relating to exhaustion of rights by claimants against insolvent insurers to provide for internal consistency; to provide for 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 retail installment seller's requirement to insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy; 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 amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to provide for certain state contracting and bidding requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (a) of Code Section 33-23-12, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjustors, as follows:
"(a) Except as provided in subsection (b) of this Code section for credit insurance licenses, subsection (c) of this Code section for rental companies, and subsection (d) of this Code section for communications equipment portable electronics, the

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Commissioner may provide by rule or regulation for licenses which are limited in scope to specific lines or sublines of insurance."
SECTION 2. Said title is further amended by revising subsection (d) of said Code Section 33-23-12, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjuster, as follows:
"(d)(1) As used in this subsection, the term: (A) 'Customer' means a person who purchases portable electronics or services. (B) 'Enrolled customer' means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. (C) 'Location' means any physical location in the State of Georgia or any website, call center site, or similar location directed to residents of the State of Georgia. (D) 'Portable electronics' 'communications equipment' means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other similar devices or and their accessories used to originate or receive communications signals or service for individual customer use only and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. (E) 'Portable electronics insurance' means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. Such term shall not include a service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property in cases of operational or structural failure due to a defect in materials, workmanship, accidental damage from handling power surges, or normal wear and tear. (F) 'Portable electronics transaction' means the sale or lease of portable electronics by a vendor to a customer or the sale of a service related to the use of portable electronics by a vendor to a customer. (G) 'Supervising entity' means a business entity that is a licensed insurer, or insurance producer that is authorized by licensed insurer, to supervise the administration of a portable electronics insurance program. (H) 'Vendor' means a person in the business of engaging in portable electronics transactions directly or indirectly.
(2) The Commissioner commissioner may issue to a retail vendor of communications equipment portable electronics that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance policies covering only the loss, theft, mechanical failure, or malfunction of or damage to communications equipment portable electronics insurance policies. (3) A limited license issued under this subsection shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of

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portable electronics insurance to customers at each location where the vendor engages in portable electronics transactions. (4) The supervising entity shall maintain a registry of vendor locations that are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the commissioner and with ten days notice to the supervising entity, the registry shall be open to inspection and examination by the commissioner during regular business hours of the supervising entity. (3)(5) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for communications equipment portable electronics by the retail vendor. (6) At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer which:
(A) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services; (B) Summarize the material terms of the insurance coverage, including:
(i) The identity of the insurer; (ii) The identity of the supervising entity; (iii) The amount of any applicable deductible and how it is to be paid; (iv) Benefits of the coverage; and (v) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with a similar make and model or with reconditioned or nonoriginal manufacturer parts or equipment; (C) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and (D) State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium. (7) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers. Coverage under portable electronics insurance shall be primary to any other insurance. (8) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program. (9) Notwithstanding any other provision of law, employees or authorized representatives of a vendor of portable electronics shall not be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage but may receive compensation for activities under the limited license which are incidental to their overall compensation. (10) The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer

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for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services, shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account, provided that the vendor is authorized by the insurer to hold such funds in an alternative manner and remits such amounts to the supervising entity within 60 days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. Vendors may receive compensation for billing and collection services. (4)(11) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for such limited license or licenses in a form and manner prescribed by the Commissioner. The application shall provide:
(A) The name, residence address, and other information required by the Commissioner of an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subsection; (B) If the vendor derives more than 50 percent of its revenue from the sale of portable electronics insurance, the information required by subparagraph (A) of this paragraph for all officers, directors, and shareholders of record having beneficial ownership of 10 percent or more of any class of securities registered under the federal securities law; and (C) The location of the applicant's home office. (12) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this Code section, provided that the supervising entity supervises the administration of (5) Each retail vendor licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of such retail a vendor shall be trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers of communications equipment or service. The training required by this subsection may be provided in electronic form. However, if provided in electronic form, the supervising entity shall implement a supplemental education program regarding the portable electronics insurance that is conducted and overseen by a licensed instructor. (6)(13) No prelicensing examination shall be required for issuance of such license. (14) If a vendor or its employee or authorized representative violates any provision of this subsection, the commissioner may impose any of the following penalties:

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(A) After notice and hearing, fines not to exceed $500.00 per violation or $5,000.00 in the aggregate for such conduct; (B) After notice and hearing, other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this article, including:
(i) Suspending the privilege of transacting portable electronics insurance pursuant to this subsection at specific business locations where violations have occurred; and (ii) Suspending or revoking the ability of individual employees or authorized representatives to act under the license; (15) Notwithstanding any other provision of law: (A) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the policyholder and enrolled customers with at least 60 days notice; (B) If the insurer changes the terms and conditions, then the insurer shall provide the vendor with a revised policy or endorsement and each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating a change in the terms and conditions has occurred and a summary of material changes; (C) Notwithstanding paragraph (15) of subsection (a) of this Code section, an insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon 15 days notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim; (D) Notwithstanding paragraph (15) of subsection (a) of this Code section, an insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy: (i) For nonpayment of premium; (ii) If the enrolled customer ceases to have an active service with the vendor of portable electronics; or (iii) If the enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within 30 calendar days after exhaustion of the limit. However, if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer; and (E) Where a portable electronics insurance policy is terminated by a policyholder, the vendor shall mail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled customer at least 30 days prior to the termination. (16) Whenever notice or correspondence with respect to a policy of portable electronics insurance is required pursuant to this subsection or is otherwise required by law, it shall be in writing and sent within the notice period, if any, specified within the statute or regulation requiring the notice or correspondence. Notwithstanding any

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other provision of law, notices and correspondence may be sent either by mail or by electronic means as set forth in this subparagraph. If the notice or correspondence is mailed, it shall be sent to the vendor of portable electronics at the vendor's mailing address specified for such purpose and to its affected enrolled customers' last known mailing addresses on file with the insurer. The insurer or vendor of portable electronics, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service. If the notice or correspondence is sent by electronic means, it shall be sent to the vendor of portable electronics at the vendor's electronic mail address specified for such purpose and to its affected enrolled customers' last known electronic mail address as provided by each enrolled customer to the insurer or vendor of portable electronics, as the case may be. For purposes of this paragraph, an enrolled customer's provision of an electronic mail address to the insurer or vendor of portable electronics, as the case may be, shall be deemed as consent to receive notices and correspondence by electronic means. The insurer or vendor of portable electronics, as the case may be, shall maintain proof that the notice or correspondence was sent. (17) Notice or correspondence required by this subsection or otherwise required by law may be sent on behalf of an insurer or vendor, as the case may be, by the supervising entity appointed by the insurer."
SECTION 3. Said title is further amended by adding a new paragraph to subsection (a) of Code Section 33-23-1, relating to definitions, as follows:
"(3.1) 'Automated claims adjudication system' means a preprogrammed computer system designed for the collection, data entry, calculation, and final resolution of property insurance claims used only for portable electronics as defined in paragraph (1) of subsection (d) of Code Section 33-23-12 which:
(A) May only be utilized by a licensed independent adjuster, licensed agent, or supervised individuals operating pursuant to this paragraph; (B) Shall comply with all claims payment requirements of the Georgia Insurance Code; and (C) Shall be certified as compliant with this Code section by a licensed independent adjuster that is an officer of a business entity licensed under this chapter."
SECTION 4. Said title is further amended by revising paragraph (7) of subsection (a) of Code Section 33-23-1, relating to definitions, as follows:
"(7) 'Home state' means Canada, the District of Columbia, and any state or territory of the United States in which an insurance producer or adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer or adjuster."

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SECTION 5. Said title is further amended by deleting "or" at the end of paragraph (6) of subsection (b) of Code Section 33-23-1, relating to definitions; by deleting the period at the end of paragraph (7) of such subsection and inserting "; or"; and by adding a new paragraph at the end of such subsection to read as follows:
"(8) An individual who collects claim information from, or furnishes claim information to, insureds or claimants, who conducts data entry, and who enters data into an automated claims adjudication system, provided that the individual is an employee of a licensed independent adjuster or its affiliate where no more than 25 such persons are under the supervision of one licensed independent adjustor or licensed agent."
SECTION 6. Said title is further amended by adding a new subsection to Code Section 33-23-5, relating to the qualifications and requirements for a license, to read as follows:
"(d) Notwithstanding paragraph (1) of subsection (a) of this Code section, no resident of Canada may be licensed as an independent adjuster pursuant to this Code section or designate Georgia as his or her home state unless such person has successfully passed the adjuster examination and has complied with other applicable portions of this Code section."
SECTION 7. Said title is further amended by revising subsection (h) of Code Section 33-23-16, relating to licensing of nonresidents, as follows:
"(h) Applicants whose home state does not require a license to transact business may be licensed in this state, provided that the applicant takes the examination issued by the Commissioner where required pursuant to this chapter and the applicant submits written documentation from his or her resident state demonstrating the lack of licensing requirement and the state's reciprocity with residents from this state. If the resident state does not license independent adjusters, the independent adjuster shall designate as his or her home state any state in which the independent adjuster is licensed and in good standing."
SECTION 8. Said title is further amended by adding a new subsection to Code Section 33-23-29, relating to nonresident adjusters, to read as follows:
"(f) No resident of Canada may be licensed as a nonresident independent adjuster unless such person has obtained a resident or home state independent adjuster license."
SECTION 8A. 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:

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"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 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 supersede the provisions set forth in Chapter 6 of this title, relating to unfair trade practices."
SECTION 8B. Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, is amended by revising subsection (b) as follows:
"(b)(1) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.
(2)(A) As used in this paragraph, the term: (i) 'Commercial use applications' means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines. The term shall not include motor vehicles requiring registration and certificate of title or equipment that is considered consumer goods, as that term is defined in Code Section 11-9-102. (ii) 'Multiple award schedule contract' means a contract that allows multiple vendors to be awarded a state contract for goods or services by providing catalogues of equipment and attachments to eligible purchasers including state agencies, departments, institutions, public school districts, and political subdivisions. Multiple award schedule contract bids shall be evaluated based upon a variety of factors, including but not limited to discounts, total life costs, service, warranty, machine performance and durability, resale value, product support, and past vendor performance. Multiple award schedule contracts shall allow multiple

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vendors to bid and be awarded a contract based upon the value of their products and demonstrated results in competitive pricing, product updates, transparency, administrative savings, expedited procurement, and flexibility for state purchasers. (B) When the commissioner of administrative services determines it to be in the best interest of the state, a multiple award schedule contract may be let for the purchase of equipment used for commercial use applications. All bidders for contracts for the purchase of equipment for commercial use applications shall be required to submit a complete bid package and be the authorized dealer or vendor for a leading manufacturer of equipment used for commercial use applications. Bidders may add additional equipment with a guaranteed minimum discount off the manufacturer's suggested consumer list price in the bid in order to increase the options available to the state. (C) Nothing in this paragraph shall limit multiple award schedule contracts to commercial use applications."
SECTION 9. Said title is further amended by revising subsection (d) of Code Section 33-36-14, relating to exhaustion of rights by claimants against insolvent insurers, as follows:
"(d) Except as provided for in Code Section 33-36-20, the pool shall have the right to recover from any person who is an affiliate of the insolvent insurer the following persons all amounts paid by the pool on behalf of such person, whether for indemnity or defense or otherwise:
(1) Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds $25 million;, provided that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and (2) Any person who is an affiliate of the insolvent insurer."
SECTION 10. Said title is further amended by adding a new subsection to Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contact requirements, rules and regulations, and exemptions, to read as follows:
"(f) Property insurance does not include 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 in connection with the sale of a motor vehicle by such retail installment seller, provided that such retail installment seller:
(1) Maintains, or has a parent company maintain, a net worth or stockholders' equity of at least $50 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;

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(2) Complies with the registration requirement prescribed by the Commissioner through regulation; (3) Files with the Commissioner a true and correct copy of the vehicle service agreement or extended warranty agreement that has a term of and is no longer than nine months in a form that is consistent with the terms prescribed by the Commissioner through regulation; (4) 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 (5) 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 11. Said title is further amended by revising Code Section 33-63-4, relating to offering, selling, or providing to borrowers guaranteed asset protection waivers, by adding a new subsection to read as follows:
"(i) A retail installment seller that offers, provides, or sells a guaranteed asset protection waiver in connection with the sale of a motor vehicle shall not be required to insure its guaranteed asset protection waiver 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 $50 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 12. All laws and parts of laws in conflict with this Act are repealed.

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Representative Rogers of the 26th moved that the House agree to the Senate substitute to HB 1067.

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

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

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs N Dollar Y Drenner Y Dudgeon Y Dukes N 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 N Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson
Hightower Y Hill Y Holcomb Y Holmes N Holt Y Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Kirby
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 Y McCall Y McKillip
Meadows Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal, J Y Neal, Y Y Nimmer Y Nix Y Oliver
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 N Rogers, T
Rynders Y Scott, M Y 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 Y Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson N Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C Y Williams, E E Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 149, nays 13.

The motion prevailed.

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

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:

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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.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to revise provisions relating to dogs and provisions relating to dangerous and vicious dogs; to provide for legislative intent; to change provisions of liability for damage caused by dogs; to allow for more stringent local regulation; to revise provisions relating to the lawful killing of dogs; to provide for a short title; to provide public safety and administrative procedures for the identification of dangerous and vicious dogs; to require registration for the possession of certain dogs and to require certain safety and indemnity measures as a condition of owning a dog classified as vicious or dangerous; to provide procedural requirements; to provide for euthanasia of dogs in certain instances; to provide for criminal offenses and punishment; to provide for reclassification of previously classified dogs; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, is amended by redesignating Code Section 4-8-1 as Code Section 4-8-1.1 and by adding a new Code section to read as follows:
"4-8-1. It is the intention of this chapter to establish as state law minimum standards for the control and regulation of dogs and to establish state crimes for violations of such minimum standards. However, this chapter shall not prohibit local governments from adopting and enforcing ordinances or resolutions which provide for more restrictive control and regulation of dogs than the minimum standards provided for in this chapter."

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SECTION 2. Said chapter is further amended by revising Code Section 4-8-4, relating to liability for damage caused by dogs, as follows:
"4-8-4. (a) The owner or, if no owner can be found, the custodian exercising care and control over any dog which goes upon the land of another and while off the owner's or custodian's property causes injury, death, or damage directly or indirectly to any livestock, or poultry, or pet animal shall be civilly liable to the owner of the livestock, or poultry, or pet animal for damages, death, or injury, death, or damage caused by the dog. The owner or, if no owner can be found, the custodian exercising care and control over any dog shall be liable for any damage caused by such dog to public or private property. The liability of the owner or custodian of the dog shall include consequential damages. (b) This Code section is to be considered cumulative of other remedies provided by law. There is no intent to do away with eliminate or limit other causes of action which might inure to the owner of any livestock, or poultry, or pet animal."
SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 4-8-5, relating to cruelty to dogs and authorized killing of dogs, as follows:
"(a) No person shall perform a cruel act on any dog; nor shall any person harm, maim, or kill any dog, or attempt to do so, except that a person may:
(1) Defend his or her person or property, or the person or property of another, from injury or damage being caused by a dog; or (2) Kill any dog causing injury or damage to any livestock, or poultry, or pet animal."
SECTION 4. Said chapter is further amended by repealing in its entirety Article 2, relating to dangerous dog control, and enacting a new article to read as follows:
"ARTICLE 2 4-8-20. This article shall be known and may be cited as the 'Responsible Dog Ownership Law.'
4-8-21. (a) As used in this article, the term:
(1) 'Classified dog' means any dog that has been classified as either a dangerous dog or vicious dog pursuant to this article. (2) 'Dangerous dog' means any dog that:
(A) Causes a substantial puncture of a person's skin by teeth without causing serious injury; provided, however, that a nip, scratch, or abrasion shall not be sufficient to classify a dog as dangerous under this subparagraph;

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(B) Aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury to such person or another person although no such injury occurs; provided, however, that the acts of barking, growling, or showing of teeth by a dog shall not be sufficient to classify a dog as dangerous under this subparagraph; or (C) While off the owner's property, kills a pet animal; provided, however, that this subparagraph shall not apply where the death of such pet animal is caused by a dog that is working or training as a hunting dog, herding dog, or predator control dog. (3) 'Local government' means any county or municipality of this state. (4) 'Owner' means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dog. In the case of a dog owned by a minor, the term 'owner' includes the parents or person in loco parentis with custody of the minor. (5) 'Serious injury' means any physical injury that creates a substantial risk of death; results in death, broken or dislocated bones, lacerations requiring multiple sutures, or disfiguring avulsions; requires plastic surgery or admission to a hospital; or results in protracted impairment of health, including transmission of an infection or contagious disease, or impairment of the function of any bodily organ. (6) 'Vicious dog' means a dog that inflicts serious injury on a person or causes serious injury to a person resulting from reasonable attempts to escape from the dog's attack. (b) No dog shall be classified as a dangerous dog or vicious dog for actions that occur while the dog is being used by a law enforcement or military officer to carry out the law enforcement or military officer's official duties. No dog shall be classified as a dangerous dog or a vicious dog if the person injured by such dog was a person who, at the time, was committing a trespass, was abusing the dog, or was committing or attempting to commit an offense under Chapter 5 of Title 16.
4-8-22. (a) A county's jurisdiction for the enforcement of this article shall be the unincorporated area of the county and a municipality's jurisdiction for such enforcement shall be the territory within the corporate limits of the municipality. (b) The governing authority of each local government shall designate an individual as dog control officer to aid in the administration and enforcement of the provisions of this article. A person carrying out the duties of dog control officer shall not be authorized to make arrests unless the person is a law enforcement officer having the powers of arrest. (c) Any county or municipality or any combination of such local governments may enter into agreements with each other for the consolidation of dog control services under this Code section.
4-8-23. (a) For purposes of this Code section, the term:

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(1) 'Authority' means an animal control board or local board of health, as determined by the governing authority of a local government. (2) 'Mail' means to send by certified mail or statutory overnight delivery to the recipient's last known address. (b) Upon receiving a report of a dog believed to be subject to classification as a dangerous dog or vicious dog within a dog control officer's jurisdiction, the dog control officer shall make such investigations as necessary to determine whether such dog is subject to classification as a dangerous dog or vicious dog. (c) When a dog control officer determines that a dog is subject to classification as a dangerous dog or vicious dog, the dog control officer shall mail a dated notice to the dog's owner within 72 hours. Such notice shall include a summary of the dog control officer's determination and shall state that the owner has a right to request a hearing from the authority on the dog control officer's determination within 15 days after the date shown on the notice. The notice shall also provide a form for requesting the hearing and shall state that if a hearing is not requested within the allotted time, the dog control officer's determination shall become effective for all purposes under this article. (d) When a hearing is requested by a dog owner in accordance with subsection (c) of this Code section, such hearing shall be scheduled within 30 days after the request is received; provided, however, that such hearing may be continued by the authority for good cause shown. At least ten days prior to the hearing, the authority conducting the hearing shall mail to the dog owner written notice of the date, time, and place of the hearing. At the hearing, the dog owner shall be given the opportunity to testify and present evidence and the authority conducting the hearing shall receive other evidence and testimony as may be reasonably necessary to sustain, modify, or overrule the dog control officer's determination. (e) Within ten days after the hearing, the authority which conducted the hearing shall mail written notice to the dog owner of its determination on the matter. If such determination is that the dog is a dangerous dog or a vicious dog, the notice of classification shall specify the date upon which that determination shall be effective. If the determination is that the dog is to be euthanized pursuant to Code Section 4-8-26, the notice shall specify the date by which the euthanasia shall occur. (f) Judicial review of the authority's final decision may be had in accordance with Code Section 50-13-19.
4-8-24. A law enforcement officer or dog control officer shall immediately impound a dog if the officer believes the dog poses a threat to the public safety.
4-8-25. The judge of any superior court of competent jurisdiction within this state may order the euthanasia of a dog if the court finds, after notice and opportunity for hearing as provided by Code Section 4-8-23, that the dog has seriously injured a human or presents a danger to humans not suitable for control under this article and:

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(1) The owner or custodian of the dog has been convicted of a violation of any state criminal law and the crime was related to such dog; or (2) Any local governmental authority has filed with the court a civil action requesting the euthanasia of the dog.
4-8-26. A dog that is found, after notice and opportunity for hearing as provided by Code Section 4-8-23, to have caused a serious injury to a human on more than one occasion shall be euthanized; provided, however, that no injury occurring before July 1, 2012, shall count for purposes of this subsection.
4-8-27. (a) It shall be unlawful for an owner to have or possess within this state a classified dog without a certificate of registration issued in accordance with the provisions of this Code section. Certificates of registration shall be nontransferable and shall only be issued to a person 18 years of age or older. No more than one certificate of registration shall be issued per domicile. (b) Unless otherwise specified by this Code section, a certificate of registration for a dangerous dog shall be issued if the dog control officer determines that the following requirements have been met:
(1) The owner has maintained an enclosure designed to securely confine the dangerous dog on the owner's property, indoors, or in a securely locked and enclosed pen, fence, or structure suitable to prevent the dangerous dog from leaving such property; and (2) Clearly visible warning signs have been posted at all entrances to the premises where the dog resides; (c) Except as provided in subsections (e) and (f) of this Code section, a certificate of registration for a vicious dog shall be issued if the dog control officer determines that the following requirements have been met: (1) The owner has maintained an enclosure designed to securely confine the vicious dog on the owner's property, indoors, or in a securely locked and enclosed pen, fence, or structure suitable to prevent the vicious dog from leaving such property; (2) Clearly visible warning signs have been posted at all entrances to the premises where the dog resides; (3) A microchip containing an identification number and capable of being scanned has been injected under the skin between the shoulder blades of the dog; and (4) The owner maintains and can provide proof of general or specific liability insurance in the amount of at least $50,000.00 issued by an insurer authorized to transact business in this state insuring the owner of the vicious dog against liability for any bodily injury or property damage caused by the dog. (d) No certificate of registration shall be issued to any person who has been convicted of two or more violations of this article. (e) No person shall be the owner of more than one vicious dog.

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(f) No certificate of registration for a vicious dog shall be issued to any person who has been convicted of:
(A) A serious violent felony as defined in Code Section 17-10-6.1; (B) The felony of dogfighting as provided for in Code Section 16-12-37 or the felony of aggravated cruelty to animals as provided for in Code Section 16-12-4; or (C) A felony involving trafficking in cocaine, illegal drugs, marijuana, methamphetamine, or ecstasy as provided for in Code Sections 16-13-31 and 16-1331.1 from the time of conviction until two years after completion of his or her sentence, nor to any person residing with such person. (g) Certificates of registration shall be renewed on an annual basis. At the time of renewal of a certificate of registration for a vicious dog, a dog control officer shall verify that the owner is continuing to comply with provisions of this article. Failure to renew a certificate of registration within ten days of the renewal date or initial classification date shall constitute a violation of this article.
4-8-28. (a) The owner of a classified dog shall notify the dog control officer within 24 hours if the dog is on the loose or has attacked a human and shall notify the dog control officer within 24 hours if the dog has died or has been euthanized. (b) A vicious dog shall not be transferred, sold, or donated to any other person unless it is relinquished to a governmental facility or veterinarian to be euthanized. (c) The owner of a classified dog who moves from one jurisdiction to another within the State of Georgia shall register the classified dog in the new jurisdiction within ten days of becoming a resident and notify the dog control officer of the jurisdiction from which he or she moved. The owner of a similarly classified dog who moves into this state shall register the dog as required in Code Section 4-8-27 within 30 days of becoming a resident.
4-8-29. (a) It shall be unlawful for an owner of a dangerous dog to permit the dog to be off the owner's property unless:
(1) The dog is restrained by a leash not to exceed six feet in length and is under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary; or (2) The dog is contained in a closed and locked cage or crate. (3) The dog is working or training as a hunting dog, herding dog, or predator control dog. (b) It shall be unlawful for an owner of a vicious dog to permit the dog to be: (1) Outside an enclosure designed to securely confine the vicious dog while on the owner's property or outside a securely locked and enclosed pen, fence, or structure suitable to prevent the vicious dog from leaving such property unless:

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(A) The dog is muzzled and restrained by a leash not to exceed six feet in length and is under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary; or (B) The dog is contained in a closed and locked cage or crate; or (2) Unattended with minors. (c) A person who violates subsection (b) of this Code section shall be guilty of a misdemeanor of high and aggravated nature. (d) An owner with a previous conviction for a violation of this article whose classified dog causes serious injury to a human being under circumstances constituting another violation of this article shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $5,000.00 nor more than $10,000.00, or both. In addition, the classified dog shall be euthanized at the cost of the owner. (e) Any irregularity in classification proceedings shall not be a defense to any prosecution under this article so long as the owner of the dog received actual notice of the classification and did not pursue a civil remedy for the correction of the irregularity.
4-8-30. (a) A dangerous or vicious dog shall be immediately confiscated by any dog control officer or by a law enforcement officer in the case of any violation of this article. A refusal to surrender a dog subject to confiscation shall be a violation of this article. (b) The owner of any dog that has been confiscated pursuant to this article may recover such dog upon payment of reasonable confiscation and housing costs and proof of compliance with the provisions of this article. All fines and all charges for services performed by a law enforcement or dog control officer shall be paid prior to owner recovery of the dog. Criminal prosecution shall not be stayed due to owner recovery or euthanasia of the dog. (c) In the event the owner has not complied with the provisions of this article within 20 days of the date the dog was confiscated, such dog shall be destroyed in an expeditious and humane manner and the owner may be required to pay the costs of housing and euthanasia.
4-8-31. Under no circumstances shall a local government or any employee or official of a local government be held liable for any damages to any person who suffers an injury inflicted by a dog as a result of a failure to enforce the provisions of this article.
4-8-32. Except as otherwise specified in this article, any person who violates any provision of this article shall be guilty of a misdemeanor.

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4-8-33. (a)(1) Any dog classified prior to July 1, 2012, as a potentially dangerous dog in this state shall on and after that date be classified as a dangerous dog under this article. (2) Any dog classified prior to July 1, 2012, as a dangerous dog or vicious dog in this state shall on and after that date be classified as a vicious dog under this article.
(b) The owner of any dog referred to in subsection (a) of this Code section shall come into compliance with all current provisions of this article by January 1, 2013."

SECTION 5. Said chapter is further amended by repealing in its entirety Article 3, relating to vicious dogs.

SECTION 6. This Act shall become effective on July 1, 2012, and shall apply to proceedings for the classification and registration of dogs which are pending on that date as well as to such proceedings which arise on or after that date.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Maddox of the 172nd moved that the House agree to the Senate substitute to HB 685.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 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
Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd
Fludd Y Frazier Y Fullerton Y Gardner

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

Y Mayo Y McBrayer
McCall Y McKillip Y Meadows Y Mitchell
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 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
Taylor, R Y Taylor, T
Teasley Y Thomas Y Waites

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Y Carson Y Carter Y Casas
Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer
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

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

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

On the motion, the ayes were 157, nays 0.

The motion prevailed.

Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

HB 1114. By Representatives Setzler of the 35th, Golick of the 34th, Ramsey of the 72nd, Pak of the 102nd, Lindsey of the 54th and others:

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.

The following Senate substitute was read:

A BILL TO BE ENTITLED AN ACT

To amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, 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

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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 Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions for the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to provide for assisted suicide as racketeering activity; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for an award of attorney's fees and expenses of litigation in wrongful death actions under certain circumstances; to provide for reporting requirements with respect to a civil judgment against a health care provider; 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. Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, is amended by repealing Code Section 16-5-5, relating to offering to assist in the commission of a suicide, and enacting a new Code Section 16-5-5 to read as follows:
"16-5-5. (a) As used in this Code section, the term:
(1) 'Assists' means the act of physically helping or physically providing the means. (2) 'Health care provider' means any person licensed, certified, or registered under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43. (3) 'Suicide' means the intentional and willful termination of one's own life. (b) Any person with actual knowledge that a person intends to commit suicide who knowingly and willfully assists such person in the commission of such person's suicide shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. (c) The provisions of this Code section shall not apply to: (1) Pursuant to a patient's consent or a consent pursuant to Code Section 29-4-18 or 31-9-2, any person prescribing, dispensing, or administering medications or medical procedures when such actions are calculated or intended to relieve or prevent such patient's pain or discomfort but are not calculated or intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death; (2) Pursuant to a patient's consent or a consent pursuant to Code Section 29-4-18 or 31-9-2, any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration; (3) Any person prescribing, dispensing, or administering medications or medical procedures pursuant to, without limitation, a living will, a durable power of attorney for health care, or an advance directive for health care; provided, however, that nothing in this paragraph shall be construed to condone, authorize, or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the process of dying as provided in Chapter 32 of Title 31;

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(4) Any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, or a written order not to resuscitate; or (5) Any person advocating on behalf of a patient in accordance with this subsection. (d) Within ten days of a conviction, a health care provider who is convicted of violating this Code section shall notify in writing the applicable licensing board for his or her licensure, certification, registration, or other authorization to conduct such health care provider's occupation. Upon being notified and notwithstanding any law, rule, or regulation to the contrary, the appropriate licensing board shall revoke the license, certification, registration, or other authorization to conduct such health care provider's occupation."
SECTION 2. Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions for the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," is amended by striking "or" at the end of division (9)(A)(xxxix), by striking the period and inserting in its place "; or" at the end of division (9)(A)(xl), and by adding a new division to read as follows:
"(xli) Code Section 16-5-5, relating to assisted suicide."
SECTION 3. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in Chapter 4, relating to wrongful death, by adding two new Code sections to read as follows:
"51-4-6. The court may award reasonable attorney's fees and expenses of litigation to a plaintiff who prevails in a civil action for a homicide in which the death results from a violation of Code Section 16-5-5.
51-4-7. (a) As used in this Code section, the term 'health care provider' shall have the same meaning as set forth in Code Section 16-5-5. (b) Within ten days of a judgment, a health care provider against whom a judgment has been obtained under the provisions of this chapter shall notify in writing the applicable licensing board for his or her licensure, certification, registration, or other authorization to conduct such health care provider's occupation so that disciplinary action may be taken as determined necessary by the applicable board."
SECTION 4. This Act shall not apply to any offense committed before the effective date of this Act.

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SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Setzler of the 35th and Golick of the 34th offer the following amendment:
Amend the Senate Judiciary Committee substitute to HB 1114 (LC 29 5288S) by replacing lines 9 and 10 with the following: relating to torts, so as to provide for reporting requirements
By replacing lines 29 through 47 with the following: (1) Pursuant to a patient's consent, any person prescribing, dispensing, or administering medications or medical procedures when such actions are calculated or intended to relieve or prevent such patient's pain or discomfort but are not calculated or intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death; (2) Pursuant to a patient's consent, any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration; (3) Any person prescribing, dispensing, or administering medications or medical procedures pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, or a consent pursuant to Code Section 29-4-18 or 31-9-2 when such actions are calculated or intended to relieve or prevent a patient's pain or discomfort but are not calculated or intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death; (4) Any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a consent pursuant to Code Section 29-4-18 or 31-9-2, or a written order not to resuscitate; or
By replacing "two new Code sections" with "a new Code section" on line 64.
By deleting lines 66 through 69.
Representative Setzler of the 35th moved that the House agree to the Senate substitute, as amended by the House, to HB 1114.

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

N Abdul-Salaam N Abrams Y Allison E Amerson E 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 N Bruce N Bryant N 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 N Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson N Dobbs Y Dollar N Drenner Y Dudgeon N Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J N 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 Y Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs E James Y Jasperse
Jerguson Y Johnson Y Jones, J N Jones, S N Jordan N Kaiser N Kendrick E Kidd Y Kirby Y Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G
Manning N Marin
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 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 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 N Waites Y Watson Y Welch Y Weldon N Wilkerson Y Wilkinson
Willard N Williams, A Y Williams, C N Williams, E E Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 115, nays 53.

The motion prevailed.

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

Mr. Speaker:

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

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HB 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Goggans of the 7th, Golden of the 8th, and Bulloch of the 11th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 368. By Senators Carter of the 1st, Ligon, Jr. of the 3rd, Millar of the 40th and Jackson of the 2nd:
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 provide for continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Carter of the 1st, Goggans of the 7th, and Unterman of the 45th.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
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.
The following Senate substitute was read:

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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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," is amended as follows:
"20-2-165. (a) As used in this Code section, the term:
(1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (2) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent count for the year of the digest. (3) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000; provided, however, that if the amount of local tax revenues is subsequently adjusted as a result of an audit of a local school system's annual financial report, the increase or decrease in local tax revenues resulting from the audit shall cause an adjustment to be made in the effective millage rate that was calculated initially. Any net change in the amount of equalization dollars earned as a result of such adjustment shall be applied to the amount of the local school system's equalization grant in a subsequent fiscal year. (4) 'Eligible full-time equivalent program count' is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (d) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except programs for persons with disabilities shall not exceed the lesser of the count for fiscal year 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order. (5) 'Equalized adjusted property tax digest' is defined as the most recent equalized adjusted property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164.

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(5.1) 'Equivalent millage' means for a local school system that is eligible to receive local option sales tax proceeds for maintenance and operation purposes, the combination of property tax revenue and sales tax revenue representing the amount that would be generated by a designated rate of mills. (6) 'Guaranteed valuation school system' is defined as the local school system ranking at the seventy-fifth percentile state-wide average in dollars of assessed valuation per weighted full-time equivalent count. Such state-wide average shall not include the local school systems ranked in the highest 5 percent or the lowest 5 percent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent count. For the purpose of determining the assessed valuation per weighted full-time equivalent count of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 485-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system. (7) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the Department of Education by the school system in its annual financial report, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds. (8) 'Most recent weighted full-time equivalent count' is defined as the weighted fulltime equivalent count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the next ensuing fiscal year. (9) 'Qualified local school system' is defined as any local school system: having
(A) Having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking which is below the guaranteed valuation; school system and having (B) Having an effective millage rate greater than the millage rate applied to calculate the local five mill share pursuant to subsection (a) of Code Section 20-2164.; and (C) Beginning July 1, 2015, having a millage rate or an equivalent millage of at least 12 mills; beginning July 1, 2016, having a millage rate or an equivalent millage of at least 12 mills; beginning July 1, 2017, having a millage rate or an equivalent millage of at least 13 mills; beginning July 1, 2018, having a millage rate or an equivalent millage of at least 13 mills; beginning July 1, 2019, and thereafter, having a millage rate or an equivalent millage of at least 14 mills. (10) 'Weighted full-time equivalent count' is defined as the sum of all eligible fulltime equivalent program counts multiplied by their respective program weights in

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effect during the fiscal year that the full-time equivalent program counts were obtained pursuant to Code Section 20-2-161. (11) 'Weighted full-time equivalent count for the year of the digest' is defined as the weighted full-time equivalent count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2160 for the current fiscal year. (b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner: (1) Subtract the assessed valuation per weighted full-time equivalent count for the local school system from the assessed valuation per weighted full-time equivalent count for the guaranteed valuation school system; (2) Divide the difference resulting from paragraph (1) of this subsection by 1,000; (3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 15 effective mills, whichever is less, as the number of effective mills to be equalized; (4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection; and (5) Multiply the product resulting from paragraph (4) of this subsection by the most recent weighted full-time equivalent count for the local school system. The resulting amount shall be the equalization grant for the ensuing fiscal year; provided, however, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be calculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the local school system in which they reside; provided, further, that any equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. (c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to

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qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems.
(d)(1) A midterm adjustment in a local school system's equalization grant shall be made if: (A) The school system ranks system's assessed valuation per weighted full-time equivalent count is at or below the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent count, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent count guaranteed valuation; and (B) The school system increases the actual millage levied against its digest for maintenance and operation. (2) If made, the midterm adjustment to the equalization grant shall be calculated as follows: (A) Calculate the percentage change in the actual millage rate for a school system by subtracting the actual millage rate for the prior year from the actual millage rate for the current year and dividing by the actual millage rate for the prior year; provided, however, that for local school systems that impose local option sales taxes for school maintenance and operation, as authorized by law, the Department of Education shall be authorized to adjust this calculation by adding the equivalent property tax millage that would be needed to produce the revenue raised by the local option sales tax to the actual millage rate and calculating a revised percentage change; (B) If the result from subparagraph (A) of this paragraph is a positive number, multiply the number of effective mills calculated as part of the original equalization grant calculation for a given year by the percentage increase calculated in subparagraph (A) of this paragraph. Add the product of this calculation to the effective number of mills from the original equalization grant calculation as described in subsections (a) through (c) of this Code section; (C) Recalculate the equalization grant substituting the revised number of effective mills calculated in subparagraph (B) of this paragraph; and (D) Subtract the initial equalization grant amount from the amount calculated in subparagraph (C) of this paragraph. The resulting amount shall be the midterm adjustment to the equalization grant. (e) If the result from subparagraph (A) of paragraph (2) of subsection (d) of this Code section is a positive number, the local school system's number of effective mills used in the calculation of its equalization grant for the ensuing fiscal year shall be adjusted by multiplying the number of effective mills calculated pursuant to paragraph (3) of subsection (b) of this Code section by the percentage increase calculated in subparagraph (A) of paragraph (2) of subsection (d) of this Code section. The resulting amount shall be the adjusted number of effective mills used in the calculation of the equalization grant pursuant to paragraph (3) of subsection (b) of this Code section;

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provided, however, that in no event shall the adjusted number of effective mills to be equalized exceed 15 effective mills. For Fiscal Year 2006 only, adjustments to equalization grants as provided in this subsection shall be allocated to local school systems following the adoption of the amended Appropriations Act for Fiscal Year 2006."

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

Representative Dudgeon of the 24th moved that the House agree to the Senate substitute to HB 824.

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

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

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

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

N Mayo N McBrayer N McCall Y McKillip N Meadows N Mitchell
Morgan N Morris N Mosby Y Murphy
Neal, J N Neal, 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 N Pruett Y Purcell Y Ramsey N Randall N Reece Y Rice Y Riley N Roberts N Rogers, C N Rogers, T N Rynders N Scott, M N Scott, S

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

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On the motion, the ayes were 101, nays 63.
The motion prevailed.
Representatives Fullerton of the 151st, Gordon of the 162nd, and Shaw of the 176th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.
Representatives Dollar of the 45th and Smith of the 129th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
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 following Bills of the House and Senate were taken up for the purpose of considering the Senate action 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

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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 Senate substitute was read:
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 for ordinances; to provide for codes; to provide for a Governor's Commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a 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 from DeKalb County to the City of Brookhaven; 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.

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This Act shall constitute the charter of the City of Brookhaven, Georgia. The City of Brookhaven, 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 Brookhaven" 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 Brookhaven 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; (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

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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 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

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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; (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;

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(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; (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

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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, 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 Brookhaven 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; and

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(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.; (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 Brookhaven Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Brookhaven 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.
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 Brookhaven Convention and Visitors Bureau is hereby created.

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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 Brookhaven, except as otherwise specifically provided in this charter, 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 Brookhaven, Georgia shall consist of four members, plus the mayor.
(2)(A) For the purposes of electing members of the city council, the City of Brookhaven shall be divided into four council districts, designated Council Districts 1 through 4. Such four districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act as Appendix "B" and further identified as 'Plan: BHccR2-2012 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.
(ii) Any part of the City of Brookhaven 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 Brookhaven 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 Brookhaven which is described in subparagraph (A) of this paragraph as being included in a particular district which, on the effective

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date of this Act is within the corporate boundaries of another municipality, shall not be included within such district. (v) Any part of the City of Brookhaven which is described in subparagraph (A) of this paragraph as being included in a particular district which is not within the corporate boundaries of the City of Brookhaven 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 four council districts. Each person desiring to offer as a candidate for councilmember shall designate the council district for which he or she is offering. Councilmembers 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 district 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 district shall be included in the runoff 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 shall reside in the district he or she seeks to represent. (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 two 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 Districts 2 and 4 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 Districts 1 and 3 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 Brookhaven, 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

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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 Brookhaven 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 Brookhaven. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. (b) An election shall be held on the 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 has been convicted of a felony or a crime of moral turpitude shall be eligible for election or to serve as mayor or councilmember of the City of Brookhaven. (f) 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 Brookhaven during the first four years of the city's existence.
SECTION 2.03. Vacancy; filling of vacancies; suspensions.

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(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 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 candidate for mayor who receives a majority vote of the qualified electors of the city at large voting at the elections of the city shall be elected. The candidates for Council Districts 1, 2, 3, and 4 who receive a majority vote of the qualified electors of Council Districts 1, 2, 3, and 4, respectively, voting at the elections of the city shall be elected.

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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.
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 Brookhaven, 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 Brookhaven. I am not the holder of any unaccounted for public money due this state or

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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 Brookhaven 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 Brookhaven 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 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) Three 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

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three affirmative votes. 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. (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 Brookhaven 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 Brookhaven and may enforce such ordinances by imposing penalties for violation thereof.

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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.
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

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(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 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

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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.
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.

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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.
(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 or more 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.

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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.
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

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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; (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 three members. The mayor and city council, by a vote of at least three 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.

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(b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.
SECTION 3.07. Acting city manager.
(a) The mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under 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. No person who was a member of the General Assembly at the time of the enactment of this charter shall be eligible to serve as city attorney during the first four years of the city's existence.
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

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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.
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 Brookhaven 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

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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 Brookhaven which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting.
SECTION 4.02. Judge.
(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 mayor and city council, notwithstanding the provisions of subsection (a) of Section 2.10 of this

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charter, 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.
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 Brookhaven 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 Brookhaven, 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.

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(g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Brookhaven granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances.
SECTION 4.05. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.06. Rules for court.
With the approval of the city council, the judge 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

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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. (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:

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(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.
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 Brookhaven, 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 Brookhaven is granted an exemption on that person's homestead from City of Brookhaven 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

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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 Brookhaven, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Brookhaven, 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 Brookhaven, 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 Brookhaven, 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 Brookhaven, 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,

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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 Brookhaven who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Brookhaven ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Brookhaven, 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 Brookhaven, 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 Brookhaven, 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 Brookhaven, 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

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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 Brookhaven, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.
(b) Each resident of the City of Brookhaven is granted an exemption on that person's homestead from City of Brookhaven 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 Brookhaven, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Brookhaven, 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 Brookhaven, 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 Brookhaven, 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

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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 Brookhaven, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs.
(b) Any person who is a resident of the City of Brookhaven 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 Brookhaven 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 Brookhaven, 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.

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(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 Brookhaven, or the designee thereof, information relative to marital status and other such information which the governing authority of the City of Brookhaven, 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 Brookhaven, 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 Brookhaven, 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 Brookhaven, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January 1, 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 Brookhaven 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 Brookhaven will be established through intergovernmental agreements or established as otherwise authorized by statute.
SECTION 6.02. Referendum and initial election.

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(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 Brookhaven 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 Brookhaven in DeKalb County according to the charter contained in the Act and the homestead exemptions
( ) NO described in the Act be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Brookhaven 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 Brookhaven to be held on the Tuesday after the first Monday in November, 2012, the qualified electors of the City of Brookhaven shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Brookhaven as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Brookhaven 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 Brookhaven 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 Brookhaven and the powers and duties of the governing authority of the City of Brookhaven.
SECTION 6.03. Effective dates and transition.

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(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 three 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 Brookhaven. Accordingly there shall be a two-year 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 Brookhaven, responsibility for any such service or function shall be transferred to the City of Brookhaven. The governing authority of the City of Brookhaven 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 Brookhaven is considered removed from the special tax district. (d) During the transition period, the governing authority of the City of Brookhaven 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 Brookhaven. Any transfer of jurisdiction to the City of Brookhaven 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 Brookhaven 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 Brookhaven commencing to exercise its planning and zoning powers, the Municipal Court of the City of Brookhaven 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 Brookhaven shall be a full functioning municipal corporation and subject to all general laws of this state.

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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 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. Governor's Commission.
After the approval of this Act in the referendum as provided in Section 6.02, the Governor's Commission on Brookhaven shall be appointed pursuant to subsection (g) of Code Section 36-31-8 of the O.C.G.A. All five interim representatives on such commission shall be residents of the area encompassed by the City of Brookhaven and shall meet any qualifications contained in subsection (g) of Code Section 36-31-8 of the O.C.G.A. The five interim representatives shall include at least one representative who resides in each council district. The Governor shall appoint one of the interim representatives as the chairperson who shall preside at meetings of the commission. All meetings of the commission 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. After the qualifying period ends for the initial members of the governing authority, but prior to the election for such initial members, the commission shall conduct a training seminar for all of the qualified candidates for mayor and city council on the duties, responsibilities, obligations, and laws regarding service on a municipal governing authority. For the presentation of such seminar, the commission is authorized to enlist the assistance of the Georgia Municipal Association, the Carl Vinson Institute of Government of the

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University of Georgia, and similar organizations. The commission shall, in addition to conducting such seminar and performing its other duties prescribed in subsection (g) of Code Section 36-31-8 of the O.C.G.A., 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. The commission shall stand dissolved when the members of the first city council take office.
SECTION 6.06. Severability.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 6.07. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The boundaries of the proposed City of Brookhaven 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 Brookhaven 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.

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APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF BROOKHAVEN, 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 northerly right-of-way line of the Northeast Expressway (inclusive of access roads) (a/k/a Interstate I-85); thence running north along the land lot lines 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 northeasterly and easterly 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 following 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 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 leaving 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

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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 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 northerly right-of-way line of the Northeast Expressway (inclusive of access roads) (a/k/a Interstate I-85) in Land Lot 196 of the 18th District of DeKalb County, Georgia; thence following said northerly 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 BROOKHAVEN, DEKALB COUNTY, GEORGIA
Plan: BHccR2-2012 Plan Type: Local Administrator: H080 User: Gina
District 001 DeKalb County VTD: 089AG - ASHFORD DUNWOOD 021101: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1030 1031 1032 021209: 3010 VTD: 089AH - ASHFORD PARKSIDE VTD: 089MU - MONTGOMERY ELEM VTD: 089NA - NANCY CREEK ELEM 021202: 1010 1013 1014 1015 1027 1028 2012
District 002 DeKalb County VTD: 089AB - ASHFORD PARK ELEMENTARY VTD: 089BE - BRIARWOOD 021405: 3013

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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: 089SE - SILVER LAKE 021102: 1004 2020 3006 4018 021209: 3011 3016 VTD: 089SF - SKYLAND 021405: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 3000 3001 3002 021412: 2013 2016 2017 2018 2019 2020 2021 2022 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: 089AG - ASHFORD DUNWOOD 021102: 3000 VTD: 089BE - BRIARWOOD 021405: 2012 2021 3012 3014 3015 3016 3017 3018 3019 3020 021416: 1000 1001 1002 1003 1004 1005 1006 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 021415: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2000 2001 2002 2003 2004 2005 2006 2008 2009 2010 VTD: 089SE - SILVER LAKE 021102: 1000 1001 1002 1003 1005 1006 2000 2001 2002 2003 2004 2005

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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 4015 4016 4017 4019 4020 4021
District 004 DeKalb County VTD: 089BE - BRIARWOOD 021416: 2000 2001 2002 2003 VTD: 089CO - CROSS KEYS HIGH 021415: 2007 021416: 2004 2005 021417: 3000 3001 3002 3003 3004 VTD: 089MJ - MONTCLAIR ELEM 021414: 1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 021417: 2000 2001 2002 2003 2004 2005 2009 2017 021603: 2000 2007 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 Brookhaven, 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.

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____________________________________ Honorable Mike Jacobs Representative, 80th District Georgia House of Representatives

Representative Jacobs of the 80th moved that the House agree to the Senate substitute to HB 636.

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

N Abdul-Salaam N Abrams Y Allison E Amerson E 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 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
Cooper Crawford

Y Davis N 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 N Epps, C Y Epps, J N Evans N Floyd N Fludd N Frazier
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 N Heard

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

N Mayo Y McBrayer
McCall Y McKillip Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal, J N 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 Y Ramsey N Randall N Reece Y Rice Y Riley
Roberts Y Rogers, C Y Rogers, T
Rynders Y Scott, M N Scott, S

Y Setzler Y Shaw Y Sheldon Y Sims, B
Sims, C N Smith, E Y Smith, K 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 N Waites Y Watson Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E E Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 104, nays 57.

The motion prevailed.

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The Speaker Pro Tem assumed the Chair.
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 Senate substitute was read:
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 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 where a telephone subscriber pays in advance for a wireless telecommunications connection:

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(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 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

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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. (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.

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(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 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.

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(g)(1) 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. (2) If a minimal amount of prepaid wireless service is separately priced and sold as part of a single retail transaction that does not contain a prepaid wireless device or another prepaid wireless service, then the seller may elect not to apply the amount specified in subsection (b) of this Code section to such transaction. (3) 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.;
(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

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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 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

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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.

Representative Willard of the 49th moved that the House agree to the Senate substitute to HB 1049.

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

Y Abdul-Salaam Y Abrams Y Allison

Y Davis Y Dawkins-Haigler Y Dempsey

Y Heckstall Y Hembree Y Henson

Y Mayo McBrayer
Y McCall

Y Setzler Y Shaw Y Sheldon

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E Amerson E Anderson Y Ashe Y Atwood Y Baker
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 N Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke N Coomer
Cooper Y Crawford

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 N Hatfield Y Heard

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

Y McKillip Meadows
N Mitchell Morgan
Y 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 Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Rynders Y Scott, M Y Scott, S

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 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 Y Waites Y Watson Y Welch Y 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 motion, the ayes were 147, nays 10.

The motion prevailed.

Representatives Hightower of the 68th, Houston of the 170th, Jackson of the 142nd, McBrayer of the 153rd, 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.

SB 181. By Senators Bethel of the 54th and Williams of the 19th:

A BILL to be entitled an Act to amend Chapter 1 of Title 16 and Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for crimes and offenses and the Attorney General, respectively, so as prohibit contingent compensation under certain circumstances; to change provisions relating to the Attorney General's authorization to employ private

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JOURNAL OF THE HOUSE

counsel; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

The Senate offers the following amendment:

Amend the House substitute to SB 181 LC 29 48475

by inserting after line 54 the following:

"(d) the provisions of this section shall not authorize the recovery of attorneys fees in any tort claim."

Representative Lindsey of the 54th moved that the House agree to the Senate amendment to the House substitute to SB 181.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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
Clark, J Y Clark, V Y Coleman

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
Fullerton Y Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B

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

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell
Morgan Morris Y Mosby 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 Setzler Y Shaw
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 Y Waites Y Watson Y Welch
Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C

THURSDAY, MARCH 29, 2012

6049

Y Collins Y Cooke N Coomer Y Cooper Y Crawford

Y Harden, M Y Harrell Y Hatchett Y Hatfield Y Heard

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

Y Rogers, C Y Rogers, T Y Rynders Y Scott, M Y Scott, S

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

On the motion, the ayes were 158, nays 2.

The motion prevailed.

The Speaker assumed the Chair.

Representative Taylor of the 79th moved that the following Bill of the House be removed from the Supplemental 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:

N Abdul-Salaam N Abrams Y Allison E Amerson E 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 Davis N Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson N Dobbs N Dollar N Drenner Y Dudgeon N Dukes Y Dunahoo
Dutton N Ehrhart N England N Epps, C Y Epps, J N Evans N Floyd N Fludd N Frazier N Fullerton N Gardner Y Geisinger Y Golick

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

N Mayo Y McBrayer N 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 Y Parrish
Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell

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 N Smyre Y Spencer N Stephens, M Y Stephens, R N Stephenson
Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T Y Teasley N Thomas N Waites Y Watson Y Welch

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JOURNAL OF THE HOUSE

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

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

Y Kirby Y Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G Y Manning N Marin
Martin Y Maxwell

Y Ramsey N Randall
Reece Y Rice Y Riley Y Roberts Y Rogers, C Y Rogers, T Y Rynders Y Scott, M N Scott, S

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

On the motion, the ayes were 100, nays 65.

The motion prevailed.

Representative Williams of the 89th moved that the House reconsider its action in removing HB 1113 from the Supplemental Local Calendar to be voted on separately.

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

Y Abdul-Salaam Y Abrams N Allison E Amerson E Anderson Y Ashe N Atwood Y Baker N Battles Y Beasley-Teague Y Bell Y Benfield N Benton Y 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
Channell N Cheokas N Clark, J N Clark, V N Coleman N Collins

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

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 N Jacobs E James N Jasperse N Jerguson Y Johnson N Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd N Kirby N Knight N Lane N Lindsey Y Long Y Maddox, B N Maddox, G

Y Mayo N McBrayer N McCall N McKillip N Meadows Y Mitchell Y Morgan N 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
Parsons N Peake N Powell, A N Powell, J N Pruett N Purcell N Ramsey Y Randall
Reece N Rice N Riley N Roberts Y Rogers, C

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

THURSDAY, MARCH 29, 2012

6051

N Cooke N Coomer N Cooper
Crawford

N Harrell N Hatchett N Hatfield Y Heard

N Manning Y Marin
Martin N Maxwell

N Rogers, T N Rynders N Scott, M Y Scott, S

E Williams, R N Williamson N Yates
Ralston, Speaker

On the motion, the ayes were 64, nays 103.

The motion was lost.

By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate action 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 Senate substitute was read:

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:

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JOURNAL OF THE HOUSE

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, 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 immediately 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 described in and attached to and made a part of this Act and further identified as 'Plan: cobbcc-SenAmd-p1-2012 Plan Type: Loca1 Administrator: state User: bak'.
(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 Cobb 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.

THURSDAY, MARCH 29, 2012

6053

(3) Any part of Cobb 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 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

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JOURNAL OF THE HOUSE

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, 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, 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. 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-SenAmd-p1-2012 Plan Type: Local Administrator: state 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 030214: 2001 2002 2004 2005 2007 2011 2012 2013 2015 2016 VTD: 067AC1B - ACWORTH 1B 030101:

THURSDAY, MARCH 29, 2012
2001 2003 2004 2010 2022 2023 2024 2025 2026 2027 2033 2035 2037 2039 2040 2041 2042 2043 2044 2045 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: 067CA01 - CHATTAHOOCHEE 01 030344: 2001 2002 2003 2007 2009 2010 2011 030345: 1013 1014 1020 1060 VTD: 067CH02 - CHEATHAM HILL 02 VTD: 067CH03 - CHEATHAM HILL 03 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 030412: 2007 2009 2011 2012 3001 3002 3004 3007 3008 3009 3011 3012 3013 3015 3016 3017 3018 3019 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 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 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039

6055

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JOURNAL OF THE HOUSE

2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2063 2064 2065 2077 2078 2087 2089 2098 2099 2100 2101 031108: 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: 067DL01 - DOWELL 01 VTD: 067DU01 - DURHAM 01 VTD: 067EL01 - ELIZABETH 01 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: 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 030800: 3040 3045 030901: 1009 2002 2012 2014 2017 4015 4021 5001 5003 5005 5006 5017 5021 5022 5024 5025 5026 5031 5032 5033 5036 5037 5038 5040 030902: 1035 1036 1037 2000 2001 2002 2004 2005 2006 2008 2013 2014

THURSDAY, MARCH 29, 2012
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2030 2031 2032 2035 2037 2038 030904: 1010 1012 1013 1014 1015 1018 1020 1022 2003 2005 2009 2012 2014 2015 2020 2023 2024 2025 2026 2027 2028 2030 3005 3006 3012 3013 3015 3016 3017 3018 3019 4007 4009 4011 4012 030905: 1000 1001 1006 2000 2001 031002: 1000 1001 1002 1003 1004 1005 1006 1012 1013 4000 4002 4004 4010 4011 VTD: 067FR01 - FORD 01 VTD: 067FY01 - FREY 01 VTD: 067HR01 - HARRISON 01 VTD: 067HY01 - HAYES 01 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 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 030230: 1000 1002 1003 1006 1034 1036 1037 1038 1089 1090 VTD: 067KE5A - KENNESAW 5A 030215: 2001 2002 2003 VTD: 067KP01 - KEMP 01 VTD: 067KP02 - KEMP 02 VTD: 067KP03 - KEMP 03

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JOURNAL OF THE HOUSE

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 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 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 2026 2079 2080 2083 2084 2085 2086 2088 2090 2091 2092 2093 2094 2095 2096 2097 031113: 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 031114: 2000 2001 2009 VTD: 067MR2A - MARIETTA 2A VTD: 067MR2B - MARIETTA 2B 030904: 2031 3000 3001 3002 3003 3004 3007 3008 3009 3010 3011 3014 4000 4001 4002 4003 4008 4013 4014 4015 4021 4022 4023 030905: 1002 1003 1005 031002: 4001 4003 VTD: 067MR2C - MARIETTA 2C VTD: 067MR3A - MARIETTA 3A VTD: 067MR4B - MARIETTA 4B 030230:

THURSDAY, MARCH 29, 2012
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 4029 4030 4031 4032 030700: 4003 4013 4014 4031 4032

6059

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JOURNAL OF THE HOUSE

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 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 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 030214: 2000 2003 2008 2009 2010 2014 2017 2018 2019 2020 2024 2025 2026 2027 2028 2029 2030 3001 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 3028 3029 030215: 2006 2007 2008 2028 VTD: 067OR01 - OREGON 01 VTD: 067OR03 - OREGON 03 030904: 4004 4005 4006 4010 4016 4017 4018 4019 4020 030905: 1004 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 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

THURSDAY, MARCH 29, 2012
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: 067SN2B - SMYRNA 2B VTD: 067SN3A - SMYRNA 3A 031001: 2081 2082 031108: 1003 1005 1006 1008 1014 1016 1022 1023 1025 1026 1027 1030 1032 1034 1037 1040 1042 1044 1045 1046 1048 1049 2000 2001 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 3026 3027 3028 3029 4000 4001 4002 4003 4007 4009 4010 4012 4013 4016 4017 4020 4021 4022 4024 VTD: 067VA01 - VAUGHAN 01
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: 067CR01 - CHESTNUT RIDGE VTD: 067DC01 - DICKERSON 01 VTD: 067DI01 - DOBBINS 01

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JOURNAL OF THE HOUSE

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 4001 4002 4003 4004 VTD: 067EL06 - ELIZABETH 06 VTD: 067EV01 - EAST VALLEY 01 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: 067FP01 - FULLERS PARK 01 VTD: 067LI01 - LINDLEY 01 031205: 1025 1026 1027 1028 1029 1030 1046 1047 1048 1052 1053 1054 031206: 2012 2013 031313: 2000 2001 2002 2003 2004 2025 2074 2075 2076 2077 2078 2079 VTD: 067MD01 - MURDOCK 01 VTD: 067MR1A - MARIETTA 1A 030405: 1033 1035 1036 1038 1039 1040 1041 1042 1043 1048 1049 1050

THURSDAY, MARCH 29, 2012
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: 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

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JOURNAL OF THE HOUSE

VTD: 067MT03 - MT BETHEL 03 VTD: 067MT04 - MT BETHEL 04 VTD: 067NJ01 - NICKAJACK 01 031205: 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 031206: 2000 2001 2002 2003 2004 2014 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3034 3035 3036 3037 3042 3044 3045 3068 3069 3070 3071 3072 3073 3075 3076 3078 3079 3080 3081 3082 3083 3084 3090 3097 3098 3099 VTD: 067NP01 - NORTON PARK 01 031106: 2028 031115: 2002 2006 2009 2016 2031 2032 2033 2034 2037 2038 2040 2041 2042 2043 2044 2048 2049 2052 2053 2054 031117: 1001 1002 1003 1004 1005 1006 1008 1009 1012 1014 1016 1017 1018 1019 1021 1025 1026 1027 2025 2026 031118: 1002 1008 1009 VTD: 067OK01 - OAKDALE 01 031112: 2001 2002 2012 3015 3024 031118: 2004 2005 2006 2007 2011 2019 2024 2027 2028 2029 2030 3016 031206: 1002 1003 1004 1005 1006 1007 1012 1013 1014 1015 1016 1017 1018 1024 1025 1026 1027 1046 1047 1048 1049 1050 1052 1080 3013 031209: 1001 1002 1003 1004 1005 1007 1010 1011 1012 1015 1017 1018 1019 1020 1022 1023 1024 1026 1027 1030 1031 1032 1033 1034 1035 1037 1038 1040 1041 1042 1043 1044 1045 1046 1047 1048 1051 1052 1053 1054 VTD: 067PF01 - POWERS FERRY 01 VTD: 067RW01 - ROSWELL 01 VTD: 067RW02 - ROSWELL 02 VTD: 067SM01 - SEWELL MILL 01

THURSDAY, MARCH 29, 2012
VTD: 067SM03 - SEWELL MILL 03 VTD: 067SM04 - SEWELL MILL 04 VTD: 067SM05 - SEWELL MILL 05 VTD: 067SN1A - SMYRNA 1A VTD: 067SN2A - SMYRNA 2A VTD: 067SN3A - SMYRNA 3A 031101: 1019 1020 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 031108: 1010 1017 1018 1028 1031 2006 2021 031110: 1000 1001 1002 1003 1004 1010 1011 1012 1013 1014 1015 1019 1020 1021 031111: 1025 2001 2008 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 067SN4A - SMYRNA 4A VTD: 067SN5A - SMYRNA 5A 031001: 2076 3023 3026 3027 3029 031101: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 031108: 1011 1019 031110: 1005 1006 1007 1008 1009 1016 1017 1018 VTD: 067SN6A - SMYRNA 6A VTD: 067SN7A - SMYRNA 7A VTD: 067SN7C - SMYRNA 7C VTD: 067SO01 - SOPE CREEK 01 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

6065

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JOURNAL OF THE HOUSE

VTD: 067VG04 - VININGS 04
District 003 Cobb County VTD: 067AC1A - ACWORTH 1A 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 2023 2041 2051 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 030224: 1025 2011 2012 2013 2014 2016 2017 2018 2019 2021 VTD: 067AC1B - ACWORTH 1B 030101: 2028 2031 2032 2034 2061 030103: 1000 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1022 1035 1037 1039 1041 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 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:

THURSDAY, MARCH 29, 2012
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: 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 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 VTD: 067KE2A - KENNESAW 2A 030227: 3037 3044 VTD: 067KE2B - KENNESAW 2B 030224: 2030 2031 2033 2034

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JOURNAL OF THE HOUSE

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 2000 2001 2002 2003 2004 2005 2006 2007 2008 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 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:

THURSDAY, MARCH 29, 2012
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: 067MS02 - MARS HILL 02 030103: 3056 VTD: 067NC01 - NORTH COBB 01 VTD: 067NS01 - NICHOLSON 01 VTD: 067PM02 - PINE MOUNTAIN 02 030227: 3043 VTD: 067PO01 - POST OAK 01 VTD: 067PP01 - POPE 01 VTD: 067PR01 - PALMER 01 VTD: 067PT01 - PITNER 01 VTD: 067RM01 - ROCKY MOUNT 01 VTD: 067RM02 - ROCKY MOUNT 02 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: 067CL01 - CLARKDALE 01 VTD: 067CL02 - CLARKDALE 02 VTD: 067CO01 - COOPER 01 VTD: 067FO01 - FAIR OAKS 01 VTD: 067FO02 - FAIR OAKS 02 VTD: 067FO03 - FAIR OAKS 03 VTD: 067FO04 - FAIR OAKS 04 VTD: 067FO06 - FAIR OAKS 06 031002:

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JOURNAL OF THE HOUSE

3000 VTD: 067HL01 - HARMONY-LELAND VTD: 067LI01 - LINDLEY 01 031206: 1092 1097 1098 031313: 1020 1024 1031 1032 1033 1035 1036 1037 1038 1039 1040 1041 1042 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2019 2020 2021 2024 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2049 2050 2051 2052 2055 2056 2057 2060 2062 2064 2065 2066 2068 2069 2070 2071 2072 2081 2082 2083 2084 2085 2086 2087 VTD: 067MA01 - MABLETON 01 VTD: 067MA02 - MABLETON 02 VTD: 067MA03 - MABLETON 03 VTD: 067MA04 - MABLETON 04 VTD: 067MC01 - MACLAND 01 VTD: 067MC02 - MACLAND 02 VTD: 067ME01 - MCEACHERN 01 VTD: 067MR2B - MARIETTA 2B 031002: 4007 4008 4009 VTD: 067NJ01 - NICKAJACK 01 031206: 1040 1044 VTD: 067NP01 - NORTON PARK 01 031106: 2027 VTD: 067NP02 - NORTON PARK 02 VTD: 067OK01 - OAKDALE 01 031206: 1036 1037 1038 1065 1068 1074 1075 1099 1100 3056 3057 3059 3060 3062 3063 3093 3094 3095 3096 VTD: 067OR02 - OREGON 02 VTD: 067OR03 - OREGON 03 031002: 3003 3008 3009 3012 3014 4012 4013 4014 4015 VTD: 067OR04 - OREGON 04 VTD: 067OR06 - OREGON 06 VTD: 067PE01 - PEBBLEBROOK 01 VTD: 067PE02 - PEBBLEBROOK 02 VTD: 067PS1A - POWDER SPRINGS 1A

THURSDAY, MARCH 29, 2012

6071

VTD: 067PS2A - POWDER SPRINGS 2A VTD: 067PS3A - POWDER SPRINGS 3A VTD: 067RS01 - RIVERSIDE 01 VTD: 067SN5A - SMYRNA 5A 031002: 1020 1038 031004: 1000 1001 1002 1004 1008 031115: 2007 2008 2010 2011 2012 2013 2014 2015 2017 031116: 1000 1001 1002 1003 1004 1005 1006 1007 1009 1010 1012 1013 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1037 1038 1039 1040 1041 1042 1043 1044 2001 2002 2003 2004 2015 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 VTD: 067SN7B - SMYRNA 7B VTD: 067SW01 - SWEETWATER 01 VTD: 067SW02 - SWEETWATER 02 VTD: 067SW04 - SWEETWATER 04 VTD: 067SW05 - SWEETWATER 05
The following amendment was read and adopted:
Representative Setzler of the 35th et al. offer the following amendment:
Amend the Senate substitute to HB 905, as amended and adopted by the Senate, by replacing line 1 through the last line with the following: 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:

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JOURNAL OF THE HOUSE

"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, 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 immediately 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 described in and attached to and made a part of this Act and further identified as 'Plan: cobbcc-sd021-p1-2012 Plan Type: Loca1 Administrator: cobbcc User: bak'.
(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 Cobb 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 Cobb 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

THURSDAY, MARCH 29, 2012

6073

least population according to the United States decennial census of 2010 for the State of Georgia.
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.

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JOURNAL OF THE HOUSE

(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, 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, 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. 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-sd021-p1-2012 Plan Type: Local Administrator: cobbcc 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 030214: 2001 2002 2004 2005 2007 2011 2012 2013 2015 2016 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 VTD: 067BG01 - BIG SHANTY 01

THURSDAY, MARCH 29, 2012
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: 067CA01 - CHATTAHOOCHEE 01 030344: 2001 2002 2003 2007 2009 2010 2011 030345: 1013 1014 1020 1060 VTD: 067CH02 - CHEATHAM HILL 02 VTD: 067CH03 - CHEATHAM HILL 03 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 030412: 2007 2009 2011 2012 3001 3002 3004 3007 3008 3009 3011 3012 3013 3015 3016 3017 3018 3019 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 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 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 2053 2054 2055 2057 2058 2059 2060 2061 2062 2063 2064 2065 2077 2078 2087 2089 2098 2099 2100 2101

6075

6076

JOURNAL OF THE HOUSE

031108: 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: 067DL01 - DOWELL 01 VTD: 067DU01 - DURHAM 01 VTD: 067EL01 - ELIZABETH 01 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: 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 030800: 3040 3045 030901: 1009 2002 2012 2014 2017 4015 4021 5001 5003 5005 5006 5017 5021 5022 5024 5025 5026 5031 5032 5033 5036 5037 5038 5040 030902: 1035 1036 1037 2000 2001 2002 2004 2005 2006 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2030 2031 2032 2035 2037 2038 030904:

THURSDAY, MARCH 29, 2012
1010 1012 1013 1014 1015 1018 1020 1022 2003 2005 2009 2012 2014 2015 2020 2023 2024 2025 2026 2027 2028 2030 3005 3006 3012 3013 3015 3016 3017 3018 3019 4007 4009 4011 4012 030905: 1000 1001 1006 2000 2001 031002: 1000 1001 1002 1003 1004 1005 1006 1012 1013 4000 4002 4004 4010 4011 VTD: 067FR01 - FORD 01 VTD: 067FY01 - FREY 01 VTD: 067HR01 - HARRISON 01 VTD: 067HY01 - HAYES 01 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 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 030230: 1000 1002 1003 1006 1034 1036 1037 1038 1089 1090 VTD: 067KE5A - KENNESAW 5A 030215: 2001 2002 2003 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

6077

6078

JOURNAL OF THE HOUSE

VTD: 067LM04 - LOST MOUNTAIN 04 VTD: 067LW01 - LEWIS 01 VTD: 067ML01 - MCCLURE 01 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 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 2026 2079 2080 2083 2084 2085 2086 2088 2090 2091 2092 2093 2094 2095 2096 2097 031113: 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 031114: 2000 2001 2009 VTD: 067MR2A - MARIETTA 2A VTD: 067MR2B - MARIETTA 2B 030904: 2031 3000 3001 3002 3003 3004 3007 3008 3009 3010 3011 3014 4000 4001 4002 4003 4008 4013 4014 4015 4021 4022 4023 030905: 1002 1003 1005 031002: 4001 4003 VTD: 067MR2C - MARIETTA 2C 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:

THURSDAY, MARCH 29, 2012
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 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

6079

6080

JOURNAL OF THE HOUSE

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 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 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 030214: 2000 2003 2008 2009 2010 2014 2017 2018 2019 2020 2024 2025 2026 2027 2028 2029 2030 3001 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 3028 3029 030215: 2006 2007 2008 2028 VTD: 067OR01 - OREGON 01 VTD: 067OR03 - OREGON 03 030904: 4004 4005 4006 4010 4016 4017 4018 4019 4020 030905: 1004 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 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

THURSDAY, MARCH 29, 2012
030602: 1001 1004 1006 1007 VTD: 067RR01 - RED ROCK 01 VTD: 067SN2B - SMYRNA 2B VTD: 067SN3A - SMYRNA 3A 031001: 2081 2082 031108: 1003 1005 1006 1008 1014 1016 1022 1023 1025 1026 1027 1030 1032 1034 1037 1040 1042 1044 1045 1046 1048 1049 2000 2001 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 3026 3027 3028 3029 4000 4001 4002 4003 4007 4009 4010 4012 4013 4016 4017 4020 4021 4022 4024 VTD: 067VA01 - VAUGHAN 01
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: 067CR01 - CHESTNUT RIDGE VTD: 067DC01 - DICKERSON 01 VTD: 067DI01 - DOBBINS 01 030339: 1003 030345:

6081

6082

JOURNAL OF THE HOUSE

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 4001 4002 4003 4004 VTD: 067EL06 - ELIZABETH 06 VTD: 067EV01 - EAST VALLEY 01 VTD: 067FP01 - FULLERS PARK 01 VTD: 067LI01 - LINDLEY 01 031205: 1025 1026 1027 1028 1029 1030 1046 1047 1048 1052 1053 1054 031206: 1092 1097 1098 2012 2013 031313: 1020 1024 1031 1033 1037 1038 2000 2001 2002 2003 2004 2074 2075 2076 2077 2078 2079 VTD: 067MA03 - MABLETON 03 031307: 1018 031313: 1016 1025 1026 1029 1030 VTD: 067MA04 - MABLETON 04 031206: 1056 1082 031307: 1000 1003 1006 3005 3007 3008 3009 3010 3011 3012 3033 3037 3040 3044 3046 3048 3049 3050 3051 3052 3053 3054 3055 3057 3058 VTD: 067MD01 - MURDOCK 01 VTD: 067MR1A - MARIETTA 1A

THURSDAY, MARCH 29, 2012
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: 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

6083

6084

JOURNAL OF THE HOUSE

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: 067RW01 - ROSWELL 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: 067SN3A - SMYRNA 3A 031110: 1000 1001 1002 1003 1004 1010 1011 1012 1013 1014 1015 1019 1020 1021 031111: 1025 2001 2008 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 067SN4A - SMYRNA 4A VTD: 067SN6A - SMYRNA 6A VTD: 067SN7A - SMYRNA 7A VTD: 067SN7B - SMYRNA 7B 031118: 2008 2009 2010 2025 2026 031206: 1022 1023 1030 1031 1032 1033 1034 1035 1039 1041 1042 1043 1045 1051 1053 1054 1055 1057 1058 1059 1060 1061 1062 1063 1064 1066 1067 1069 1070 1071 1072 1073 1076 1077 1078 1079 1081 1083 1084 1085 1086 1087 1088 1089 1090 1091 1093 1094 1095 1096 2005 2006 2007 2008 2009 2010 2011 2015 3043 3046 3047 3048 3054 3055 3058 3061 3064 3065 3066 3067 3074 3077 3085 3086 3087 3088 3089 3091 3092 3100 3101 031307: 1001 1002 1004 1005 1007 1008 1009 1011 1013 1014 1015 1016 1017 1022 1026 3035 3036 3038 3039 3041 3042 3043 3045 3047 3056 3059 031313: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

THURSDAY, MARCH 29, 2012
1012 1013 1014 1015 1017 1018 1019 1021 1022 1023 1027 1034 2005 VTD: 067SN7C - SMYRNA 7C VTD: 067SO01 - SOPE CREEK 01 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: 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 2023 2041 2051 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 030224: 1025 2011 2012 2013 2014 2016 2017 2018 2019 2021 VTD: 067AC1B - ACWORTH 1B 030101: 2028 2031 2032 2034 2061 030103: 1000 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1022 1035 1037 1039 1041 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

6085

6086

JOURNAL OF THE HOUSE

3017 3018 3019 3020 3026 3027 3028 3029 030107: 2014 2018 VTD: 067AC1C - ACWORTH 1C 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: 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

THURSDAY, MARCH 29, 2012
2034 2038 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 VTD: 067KE2A - KENNESAW 2A 030227: 3037 3044 VTD: 067KE2B - KENNESAW 2B 030224: 2030 2031 2033 2034 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 2000 2001 2002 2003 2004 2005 2006 2007 2008 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 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

6087

6088

JOURNAL OF THE HOUSE

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: 067MS02 - MARS HILL 02 030103: 3056 VTD: 067NC01 - NORTH COBB 01 VTD: 067NS01 - NICHOLSON 01 VTD: 067PM02 - PINE MOUNTAIN 02 030227: 3043 VTD: 067PO01 - POST OAK 01 VTD: 067PP01 - POPE 01 VTD: 067PR01 - PALMER 01 VTD: 067PT01 - PITNER 01 VTD: 067RM01 - ROCKY MOUNT 01 VTD: 067RM02 - ROCKY MOUNT 02 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

THURSDAY, MARCH 29, 2012
VTD: 067BR01 - BIRNEY 01 VTD: 067BR02 - BIRNEY 02 VTD: 067BT01 - BRYANT 01 VTD: 067BT02 - BRYANT 02 VTD: 067CL01 - CLARKDALE 01 VTD: 067CL02 - CLARKDALE 02 VTD: 067CO01 - COOPER 01 VTD: 067FO01 - FAIR OAKS 01 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: 067FO06 - FAIR OAKS 06 031002: 3000 VTD: 067HL01 - HARMONY-LELAND VTD: 067LI01 - LINDLEY 01 031313: 1032 1035 1036 1039 1040 1041 1042 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2019 2020 2021 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2049 2050 2051 2052 2055 2056 2057 2060 2062 2064 2065 2066 2068 2069 2070 2071 2072 2081 2082 2083 2084 2085 2086 2087 VTD: 067MA01 - MABLETON 01 VTD: 067MA02 - MABLETON 02 VTD: 067MA03 - MABLETON 03 031307: 1010 1012 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 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 031313:

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1028 1043 VTD: 067MA04 - MABLETON 04 031307: 3013 3014 3015 3016 3017 3018 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 VTD: 067MR2B - MARIETTA 2B 031002: 4007 4008 4009 VTD: 067NP02 - NORTON PARK 02 VTD: 067OR02 - OREGON 02 VTD: 067OR03 - OREGON 03 031002: 3003 3008 3009 3012 3014 4012 4013 4014 4015 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: 067SN3A - SMYRNA 3A 031101: 1019 1020 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 031108: 1010 1017 1018 1028 1031 2006 2021 VTD: 067SN5A - SMYRNA 5A VTD: 067SN7B - SMYRNA 7B 031313: 2012 2018 2022 2023 2039 2048 2053 2054 2058 2059 2061 2063 2067 2073 2080 2088 VTD: 067SW01 - SWEETWATER 01 VTD: 067SW02 - SWEETWATER 02 VTD: 067SW04 - SWEETWATER 04 VTD: 067SW05 - SWEETWATER 05

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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.
The following Senate substitute was read:
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.
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 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), is amended by revising subsections (a), (b), and (c) of Section 2 to read as follows:
"SECTION 2. (a)(1) For the purpose of electing members of the Board of Education of Cobb County, the Cobb County School District is divided into seven education districts. The seven education districts shall be composed of and correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: cobbsb-SenAmd-p3-2012 Plan Type: Local Administrator: CobbSB User: bak'. (2)(A) 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

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the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (B) 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 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 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. (D) 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. (3) Education Districts 1, 2, 3, 4, 5, 6, and 7, as those districts existed immediately prior to the date this subsection becomes effective in 2012, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7, respectively, but as newly described under this subsection. On and after the date this subsection becomes effective in 2012, those members of the board of education serving from those education districts shall be deemed to be serving from and representing their respective districts as newly described under this subsection. (4) Those members of the board representing Education Districts 1, 3, 5, and 7 on the date this paragraph becomes effective in 2012, and any person selected to fill a vacancy in such position, shall continue to serve out their respective terms of office, which shall expire December 31, 2012, and until their respective successors are elected from newly described districts as provided in paragraph (1) of subsection (a) of this section and are qualified. Those members of the board representing Education Districts 2, 4, and 6 on the date this paragraph becomes effective in 2012, and any person selected to fill a vacancy in such position, shall continue to serve out their respective terms of office, which shall expire December 31, 2014, and until their respective successors are elected from newly described districts as provided in paragraph (1) of subsection (a) of this section and are qualified. (b) There shall be elected to the Board of Education of Cobb County one member from each education district. To be eligible for membership on the board to represent an education district, a person must reside in the education district which he or she represents. Each member shall be elected only by the voters of that education district voting for such office and not by the voters of the entire county. No person residing within the territory embraced within an independent school system shall be eligible to vote in an election for members of the board, nor shall any such person be eligible to

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serve on the board. In order to be eligible as a member of the Cobb County Board of Education, a candidate must be a resident of the education district from which he or she offers, must be a citizen of the United States of America, must have been a resident of the Cobb County School District for at least 12 months immediately preceding the date of the election, and must be a qualified elector of Cobb County. (c) The first general election at which members of the board of education are elected from Education Districts 1, 3, 5, and 7, as newly described in subsection (a) of this section, shall be that election conducted in 2012. The first general election at which members of the board of education are elected from Education Districts 2, 4, and 6, as newly described in subsection (a) of this section, shall be that election conducted in 2014. Successors to members of the board whose terms of office are to expire shall be elected at the general election immediately preceding the expiration of such terms and shall take office the first day of January immediately following that election for terms of four years and until their successors are elected and qualified."
SECTION 2. The Board of Education 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 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: cobbsb-SenAmd-p3-2012 Plan Type: Local Administrator: CobbSB User: bak
District 001 Cobb County VTD: 067AC1A - ACWORTH 1A VTD: 067AC1B - ACWORTH 1B VTD: 067AC1C - ACWORTH 1C VTD: 067BK01 - BAKER 01 030106: 1001 1002 1004 1005 1012 1014 1016 1020 2001 2004 2008 2010 2011

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030107: 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2015 2016 030226: 1007 1008 1009 1011 1012 2000 2001 2003 2005 2006 2011 2014 2015 VTD: 067CH02 - CHEATHAM HILL 02 030230: 2070 2074 2075 2076 2077 2078 2079 030231: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2000 2001 2010 2011 2014 030602: 1008 1025 1027 1029 1031 1032 1039 1041 1043 VTD: 067DU01 - DURHAM 01 VTD: 067FR01 - FORD 01 030219: 4004 4005 4006 4007 4008 4009 4010 4011 4014 4015 VTD: 067FY01 - FREY 01 VTD: 067HR01 - HARRISON 01 030218: 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 030239: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 VTD: 067HY01 - HAYES 01 VTD: 067KE2A - KENNESAW 2A 030227: 3037 3044 030229: 1031 1032 1033 1035 030230: 1001 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1020 1021 1022 1023 1024 1025 1039 1057 1058 1059 1060 1062 1063 1065 1066 1067 1068 1069 1079 1082 1098 2025 2027 VTD: 067KE2B - KENNESAW 2B VTD: 067KE4A - KENNESAW 4A VTD: 067KE5A - KENNESAW 5A VTD: 067KE5B - KENNESAW 5B VTD: 067LM04 - LOST MOUNTAIN 04 VTD: 067LW01 - LEWIS 01 VTD: 067ML01 - MCCLURE 01

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VTD: 067MS01 - MARS HILL 01 VTD: 067MS02 - MARS HILL 02 VTD: 067NC01 - NORTH COBB 01 VTD: 067PM01 - PINE MOUNTAIN 01 VTD: 067PM02 - PINE MOUNTAIN 02
District 002 Cobb County VTD: 067BR01 - BIRNEY 01 VTD: 067BR02 - BIRNEY 02 VTD: 067DI01 - DOBBINS 01 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 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 2053 2054 2055 2057 2058 2059 2060 2061 2062 2063 2064 2065 2077 2078 2087 2089 2098 2099 2100 2101 031108: 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: 1015 VTD: 067FO02 - FAIR OAKS 02 031005: 1015 1027 1028 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 VTD: 067FO03 - FAIR OAKS 03 031004: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2021 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3016 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 VTD: 067FO04 - FAIR OAKS 04 031004: 1003 1005 1006 1007 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 2014 2015 2016 2017 2018 2019 2020

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3000 3001 3002 3013 3015 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: 067LI01 - LINDLEY 01 VTD: 067MA03 - MABLETON 03 VTD: 067MA04 - MABLETON 04 VTD: 067NJ01 - NICKAJACK 01 031206: 1040 1044 2000 2001 2002 2003 2004 2014 3014 3017 3018 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3034 3035 3036 3037 3042 3044 3045 3068 3069 3070 3071 3072 3073 3075 3076 3078 3079 3080 3081 3082 3083 3084 3090 3097 VTD: 067NP01 - NORTON PARK 01 VTD: 067NP02 - NORTON PARK 02 VTD: 067OK01 - OAKDALE 01 VTD: 067SN2B - SMYRNA 2B 031001: 2056 031108: 3000 3001 3002 3003 3004 3005 3006 3007 3010 3011 3012 3014 3016 3017 3018 3019 3020 3021 3022 3023 3024 3031 3035 4004 4008 VTD: 067SN3A - SMYRNA 3A VTD: 067SN4A - SMYRNA 4A VTD: 067SN5A - SMYRNA 5A VTD: 067SN6A - SMYRNA 6A VTD: 067SN7A - SMYRNA 7A VTD: 067SN7B - SMYRNA 7B VTD: 067SN7C - SMYRNA 7C VTD: 067VG03 - VININGS 03 031205: 1002 1003 1006 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1049 1050 1051 1055 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

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District 003 Cobb County VTD: 067AU1A - AUSTELL 1A VTD: 067BT01 - BRYANT 01 VTD: 067BT02 - BRYANT 02 VTD: 067CL01 - CLARKDALE 01 VTD: 067CL02 - CLARKDALE 02 VTD: 067CO01 - COOPER 01 031405: 5009 5010 5011 5012 5013 5014 5015 5016 5018 5019 5020 5021 031409: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1014 1022 1023 031507: 1014 2005 2007 2008 2012 2013 2015 2016 2019 2020 2021 2023 2024 2025 2027 2028 2029 VTD: 067HL01 - HARMONY-LELAND VTD: 067MA01 - MABLETON 01 VTD: 067MA02 - MABLETON 02 VTD: 067MC01 - MACLAND 01 031506: 2001 2006 2007 031507: 1004 1013 1016 VTD: 067ME01 - MCEACHERN 01 031505: 1003 3014 3015 3016 3021 3026 031508: 2027 2032 2033 2034 2035 2036 2038 2040 2042 2043 2045 2051 2055 031509: 5003 5004 5005 5007 VTD: 067OR02 - OREGON 02 031405: 5000 5001 5002 5003 5004 5005 5006 5007 5008 VTD: 067OR06 - OREGON 06 031405: 2012 2013 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 VTD: 067PE01 - PEBBLEBROOK 01 VTD: 067PE02 - PEBBLEBROOK 02 VTD: 067PS1A - POWDER SPRINGS 1A VTD: 067PS2A - POWDER SPRINGS 2A

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VTD: 067PS3A - POWDER SPRINGS 3A VTD: 067RS01 - RIVERSIDE 01 VTD: 067SW01 - SWEETWATER 01 VTD: 067SW02 - SWEETWATER 02 VTD: 067SW04 - SWEETWATER 04 VTD: 067SW05 - SWEETWATER 05
District 004 Cobb County VTD: 067AD01 - ADDISON 01 VTD: 067BF01 - BELLS FERRY 01 VTD: 067BF02 - BELLS FERRY 02 VTD: 067BF03 - BELLS FERRY 03 VTD: 067BG01 - BIG SHANTY 01 VTD: 067BG02 - BIG SHANTY 02 VTD: 067BK01 - BAKER 01 030226: 1000 1002 1003 1004 1005 1006 1019 1022 1023 1029 030227: 1001 VTD: 067BW01 - BLACKWELL 01 VTD: 067CK01 - CHALKER 01 VTD: 067CK02 - CHALKER 02 VTD: 067EL01 - ELIZABETH 01 VTD: 067EL02 - ELIZABETH 02 VTD: 067EP01 - EAST PIEDMONT 01 VTD: 067GT01 - GRITTERS 01 VTD: 067KE1A - KENNESAW 1A VTD: 067KE2A - KENNESAW 2A 030229: 1036 1048 1049 1052 030230: 1040 1042 1043 1045 1046 1047 1048 1049 1083 1085 2001 2002 2006 2007 2008 2009 2010 2011 2012 2013 2016 2018 2019 2020 VTD: 067KE3A - KENNESAW 3A VTD: 067KL01 - KELL 01 VTD: 067KY01 - KEHELEY 01 VTD: 067LA01 - LASSITER 01 030314: 1004 1008 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 067MK01 - MCCLESKEY 01 VTD: 067NS01 - NICHOLSON 01

THURSDAY, MARCH 29, 2012
VTD: 067PR01 - PALMER 01 VTD: 067PT01 - PITNER 01 VTD: 067RM02 - ROCKY MOUNT 02 VTD: 067SI01 - SIMPSON 01 030314: 1001 1002 1005 1006 1007 VTD: 067SY01 - SPRAYBERRY 01 VTD: 067WG01 - WADE GREEN 01 VTD: 067WG02 - WADE GREEN 02
District 005 Cobb County VTD: 067CR01 - CHESTNUT RIDGE VTD: 067DI01 - DOBBINS 01 030412: 2007 2009 2011 2012 3001 3002 3004 3007 3008 3009 3011 3012 3013 3015 3016 3017 3018 3019 030414: 2017 2018 2020 2021 2022 2027 2058 2059 2060 2061 2062 2063 VTD: 067DO01 - DODGEN 01 030330: 3000 3020 030332: 1004 1005 1008 1009 1010 1011 1012 1013 VTD: 067DV01 - DAVIS 01 VTD: 067EA01 - EASTSIDE 01 030333: 1008 1009 1013 1014 1015 1016 1017 2000 2001 2002 2003 2004 2009 2010 2017 3000 3004 3005 3006 3007 VTD: 067EC01 - EAST COBB 01 VTD: 067EL03 - ELIZABETH 03 VTD: 067EL04 - ELIZABETH 04 VTD: 067EL05 - ELIZABETH 05 VTD: 067EL06 - ELIZABETH 06 VTD: 067FP01 - FULLERS PARK 01 030332: 2016 2017 030333: 1000 1001 1002 1003 1004 1005 1006 1007 3001 3002 3003 3008 VTD: 067GM01 - GARRISON MILL 01 VTD: 067HT01 - HIGHTOWER 01 VTD: 067LA01 - LASSITER 01 030314:

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1019 1020 1021 1022 1023 1024 VTD: 067MB01 - MABRY 01 VTD: 067MD01 - MURDOCK 01 VTD: 067PF01 - POWERS FERRY 01 VTD: 067PO01 - POST OAK 01 VTD: 067PP01 - POPE 01 VTD: 067RM01 - ROCKY MOUNT 01 VTD: 067RW01 - ROSWELL 01 VTD: 067RW02 - ROSWELL 02 030331: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 030336: 1000 1001 1002 1003 1007 1017 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 VTD: 067SA01 - SANDY PLAINS 01 VTD: 067SF01 - SHALLOWFORD FALLS VTD: 067SI01 - SIMPSON 01 030314: 1000 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 VTD: 067SM01 - SEWELL MILL 01 VTD: 067SM03 - SEWELL MILL 03 030409: 1007 1008 1009 1010 030410: 1031 1033 1036 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2021 2022 030504: 1011 030505: 1000 1001 1003 1004 1006 1007 1008 1011 1014 1020 2007 2010 2011 2016 2023 2024 2025 2026 2027 2028 2029 2030 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3021 3024 3025 3026 3031 3034 4023 4024 4025 4026 4027 4033 4034 VTD: 067SM04 - SEWELL MILL 04 VTD: 067SM05 - SEWELL MILL 05 030409: 1000 1001 1002 1003 1004 1005 1006 1011 1012 1013 1022 1023 1024 2000 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 067SP01 - SEDALIA PARK 01 VTD: 067TT01 - TRITT 01 VTD: 067WL01 - WILLEO 01

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District 006 Cobb County VTD: 067BY01 - BRUMBY 01 VTD: 067CA01 - CHATTAHOOCHEE 01 VTD: 067DC01 - DICKERSON 01 VTD: 067DI01 - DOBBINS 01 030339: 1003 030344: 2004 2005 2008 2012 2013 2014 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 030345: 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1018 1022 1023 1024 1025 1035 1037 1042 1046 1047 1048 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1061 1066 030413: 1017 1018 030414: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1027 1029 1030 2005 2009 2029 2030 2031 2032 031113: 1005 1016 031114: 2002 2005 031207: 1000 031208: 1001 1002 1015 1023 VTD: 067DO01 - DODGEN 01 030332: 1000 1001 1002 1003 1006 1007 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2019 VTD: 067EA01 - EASTSIDE 01 030333: 2005 030334: 1000 1001 1002 1003 1004 1005 1006 VTD: 067EV01 - EAST VALLEY 01 VTD: 067FP01 - FULLERS PARK 01 030332: 2013 2014 2015 2018 VTD: 067MT01 - MT BETHEL 01

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VTD: 067MT02 - MT BETHEL 02 VTD: 067MT03 - MT BETHEL 03 VTD: 067MT04 - MT BETHEL 04 VTD: 067NJ01 - NICKAJACK 01 031205: 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 031206: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3015 3016 3019 3098 3099 VTD: 067RW02 - ROSWELL 02 030336: 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 VTD: 067SM03 - SEWELL MILL 03 030409: 1014 1015 1016 1017 1018 1019 1020 1025 1026 1027 1028 030410: 2015 2016 VTD: 067SM05 - SEWELL MILL 05 030409: 1021 VTD: 067SN1A - SMYRNA 1A VTD: 067SN2A - SMYRNA 2A VTD: 067SN2B - SMYRNA 2B 031114: 1000 2003 2004 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 067SO01 - SOPE CREEK 01 VTD: 067SO02 - SOPE CREEK 02 VTD: 067SO03 - SOPE CREEK 03 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 031205: 2000 2001 3030 3031 VTD: 067VG04 - VININGS 04

THURSDAY, MARCH 29, 2012
District 007 Cobb County VTD: 067CH02 - CHEATHAM HILL 02 030231: 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2015 2016 2017 2018 2019 VTD: 067CH03 - CHEATHAM HILL 03 VTD: 067CO01 - COOPER 01 031507: 1000 1007 2000 2001 2011 2014 VTD: 067DL01 - DOWELL 01 VTD: 067FO01 - FAIR OAKS 01 VTD: 067FO02 - FAIR OAKS 02 031002: 3018 VTD: 067FO03 - FAIR OAKS 03 031002: 3013 3015 3016 VTD: 067FO04 - FAIR OAKS 04 031002: 1007 1008 1009 1010 1011 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 3001 3002 3004 3005 3006 3007 3010 3011 3019 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 030236: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 VTD: 067HR01 - HARRISON 01 030231: 4012 4013 4014 4015 4018 4019 4020 4021 VTD: 067KP01 - KEMP 01 VTD: 067KP02 - KEMP 02 VTD: 067KP03 - KEMP 03

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VTD: 067LM01 - LOST MOUNTAIN 01 VTD: 067LM02 - LOST MOUNTAIN 02 VTD: 067LM03 - LOST MOUNTAIN 03 VTD: 067MC01 - MACLAND 01 031503: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 031506: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 031507: 1006 VTD: 067MC02 - MACLAND 02 VTD: 067ME01 - MCEACHERN 01 031505: 3000 3001 3002 3003 3006 3010 031508: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1015 1016 1017 1018 1019 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2018 2019 2020 2021 2022 2023 2024 2046 2047 2048 2049 2050 2056 VTD: 067OR01 - OREGON 01 VTD: 067OR02 - OREGON 02 031405: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 3000 3001 VTD: 067OR03 - OREGON 03 VTD: 067OR04 - OREGON 04 VTD: 067OR05 - OREGON 05 VTD: 067OR06 - OREGON 06 031405: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 VTD: 067RR01 - RED ROCK 01 VTD: 067VA01 - VAUGHAN 01
HB 1291. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), so as to modify provisions relating to the City of Sandy Springs and the executive and judicial officials of such city; to provide for

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

The following Senate amendment was read:

The Senate offers the following amendment:

Amend the House committee substitute to HB 1291 (LC 35 2674S) by replacing "January 1, 2013" on line 291 with "January 1, 2014"

By replacing lines 506 and 507 with the following: (10) Make recommendations with respect to employment or termination decisions of city employees;

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

On the agreement to the Senate substitute or amendment, and on the agreement to the Senate substitute, as amended by the House, to HB 905, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams Y Allison E Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles N Beasley-Teague N Bell Y Benfield
Benton Y Beverly Y Black Y Braddock
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 Davis N Dawkins-Haigler Y Dempsey Y 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 N Evans N Floyd N Fludd N Frazier Y Fullerton N Gardner Y Geisinger Y Golick Y Gordon Y Greene Y Hamilton Y Hanner

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

N Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell N Morgan Y Morris Y Mosby N Murphy Y Neal, J N 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 Y Randall Y Reece
Rice

Y Setzler Shaw 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 N Taylor, R Y Taylor, T Y Teasley N Thomas Y Waites Y Watson Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard

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

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

N Long Y Maddox, B Y Maddox, G Y Manning
Marin Y Martin Y Maxwell

Y Riley Y Roberts Y Rogers, C Y Rogers, T
Rynders Y Scott, M N Scott, S

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

On the agreement to the Senate substitute or amendment, and on the agreement to the Senate substitute, as amended by the House, to HB 905, the ayes were 133, nays 28.

The House has agreed to the Senate substitute or amendment and has agreed to the Senate substitute, as amended by the House, to HB 905.

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 following Senate amendment was read:

The Senate offers the following amendment:

Amend HB 1113 (LC 28 6040) by striking "8" in line 9 and inserting in lieu thereof "7".

Representative Jacobs of the 80th moved that HB 1113 be placed upon the table.

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

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

Y Davis N Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson N Dobbs
Dollar N Drenner Y Dudgeon N Dukes Y Dunahoo Y Dutton
Ehrhart Y England N Epps, C

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

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

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 N Smyre Y Spencer N Stephens, M
Stephens, R N Stephenson
Talton

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

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

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

Y Pak N Parent
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
Roberts N Rogers, C Y Rogers, T Y Rynders Y Scott, M N Scott, S

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

On the motion, the ayes were 87, nays 69.

The motion prevailed.

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

Mr. Speaker:

The Senate has adopted the report of the Committee of Conference on the following bills 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 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.

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:

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JOURNAL OF THE HOUSE

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.
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 Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 33. By Senators Shafer of the 48th, Chance of the 16th, Davis of the 22nd, Hill of the 32nd, Staton of the 18th and others:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to provide short titles; to provide for the application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Benfield of the 85th moved that the following Bill of the House be taken from the table:

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6109

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:

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

N Davis Y Dawkins-Haigler N Dempsey Y Dickerson N Dickey N Dickson Y Dobbs
Dollar Y Drenner N Dudgeon Y Dukes N Dunahoo N Dutton
Ehrhart N England Y Epps, C N Epps, J Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton Y Gardner N Geisinger N Golick Y Gordon
Greene N Hamilton N Hanner Y Harbin N Harden, B N 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 N Jacobs E James N Jasperse N Jerguson Y Johnson N Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd N Kirby N Knight N Lane N Lindsey Y Long Y Maddox, B N Maddox, G N Manning Y Marin
Martin N Maxwell

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

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

On the motion, the ayes were 67, nays 91.

The motion failed.

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JOURNAL OF THE HOUSE

Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

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.

Representative Rice of the 51st moved that the House recede from its position in disagreeing to the Senate substitute to HB 851.

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

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

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

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

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

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 N Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R N Taylor, T Y Teasley Y Thomas N Waites Y Watson Y Welch
Weldon Y Wilkerson

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6111

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

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

Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G Y Manning Y Marin
Martin Y Maxwell

Y Reece Y Rice N Riley Y Roberts Y Rogers, C Y Rogers, T
Rynders Y Scott, M Y Scott, S

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

On the motion, the ayes were 139, nays 19.

The motion prevailed.

Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem assumed the Chair.

HB 198. By Representatives Rice of the 51st, Lane of the 167th, Anderson of the 117th, Powell of the 29th and Powell of the 171st:

A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to extend sunset dates for real estate or personal property filing fees, the state-wide uniform automated information system, and the collection and remittance of real estate or personal property filing; 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 Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to remove the sunset date for real estate or personal property filing fees; to repeal the sunset dates of the state-wide uniform automated information system and for the collection and remittance of real estate or personal property filings; 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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JOURNAL OF THE HOUSE

SECTION 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by revising subsections (f) and (f.1) of Code Section 15-6-77, relating to fees to be collected by clerks of superior courts, as follows:
"(f) Until July 1, 2014, sums Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:
(1)(A)(i) Filing all instruments pertaining to real estate including deeds, deeds of trust, affidavits, releases, notices and certificates, and cancellation of deeds, first page........................................................................................... $ 9.50
Each page, after the first.................................................................................. 2.00
(ii) Filing all instruments pertaining to real estate and personal property including liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, cancellations of liens, and writs of fieri facias, first page ............................... 4.50
Each page, after the first.................................................................................. 2.00
(B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Article 9 of Title 11, first page................ 10.00
Each page, after the first..................................................................................... 2.00
(2) Filing maps or plats, each page ...................................................................... 7.50
(3) For processing an assignment of a security deed, for each deed assigned..... 4.50 (f.1) On and after July 1, 2014, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:
(1)(A) Filing all instruments pertaining to real estate and personal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices, certificates, liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, and cancellation of deeds, liens, and writs of fieri facias, first page ........................ $ 4.50
Each page, after the first..................................................................................... 2.00

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6113

(B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Part 4 of Article 9 of Title 11, first page. 10.00
Each page, after the first..................................................................................... 2.00
(2) Filing maps or plats, each page ...................................................................... 7.50
(3) For processing an assignment of a security deed, for each deed assigned..... 4.50"

SECTION 2. Said article is further amended by repealing subsection (c) of Code Section 15-6-97, relating to the development and implementation of a state-wide uniform automated information system.

SECTION 3. Said article is further amended by repealing subsection (d) of Code Section 15-6-98, relating to collection of fees and remittance to the Georgia Superior Court Clerks' Cooperative Authority.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Rice of the 51st moved that the House agree to the Senate substitute to HB 198.

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

Abdul-Salaam Y Abrams Y Allison E Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles Y 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 Davis Y Dawkins-Haigler Y Dempsey Y 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 Y Evans Y Floyd Y Fludd Y Frazier Y Fullerton

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

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
Morris N 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

Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Smith, E Y Smith, K Y Smith, L
Smith, R Y Smith, T
Smyre Y Spencer Y Stephens, M Y Stephens, R N 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 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 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 E Kidd Y Kirby
Knight Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

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 Y Scott, S

Y Waites Y Watson Y Welch
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 motion, the ayes were 156, nays 4.

The motion prevailed.

Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 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 following Senate substitute was read:

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.

THURSDAY, MARCH 29, 2012

6115

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, is amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 40-3-36, relating to cancellation of certificates of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, as follows:
"(a)(1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any vehicle, including a trailer, as scrap metal or parts only or who scraps, dismantles, or demolishes a vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle, including a trailer, to be transferred, or has lost the title for the vehicle or trailer to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle or trailer is at least 12 model years old and is worth $850.00 or less, if the vehicle was used as a motor vehicle, or $1,700.00 or less if the vehicle was used as a trailer and is at least 12 model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer under Code Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to:
(A) A statement that the vehicle or trailer shall never be titled again; it must be dismantled or scrapped; (B) A description of the vehicle including, where applicable, the year, make, model, vehicle identification number, and color; (C) The name, address, and driver's license number of the owner; (D) A certification that the owner:
(i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $850.00 or less, or $1,700.00 or less if the vehicle is a trailer; (ii) Is at least 12 model years old; and (iii) Is not subject to any secured interest or lien; (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement; (G) The owner's signature and the date of the transaction; (H) The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle;

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JOURNAL OF THE HOUSE

(I) A certification by the business that $850.00 or less, or $1,700.00 or less if the vehicle is a trailer, was paid to acquire the vehicle; and (J) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation."

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

Representative Rice of the 51st moved that the House agree to the Senate substitute to HB 900.

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

Abdul-Salaam Y Abrams Y Allison E Amerson E 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 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
Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd Y Kirby 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 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 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
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 Y Waites
Watson Y Welch
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 motion, the ayes were 161, nays 0.

THURSDAY, MARCH 29, 2012

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The motion prevailed.
Representatives Abdul-Salaam of the 74th 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.
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.
The following Senate amendment was read:
The Senate offers the following amendment:
Amend the House Committee on Judiciary substitute to SB 365 (LC 29 5279S) by replacing lines 1 and 2 with the following: To amend Title 43 and Code Section 44-14-13 of the Official Code of Georgia Annotated, relating to professions and businesses and disbursement of settlement proceeds, respectively, so as to change certain provisions relating to real estate and 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 change the definition of "settlement agent"; to
By redesignating Sections 1 and 2 as Sections 15 and 16, respectively, and inserting between lines 6 and 7 the following:

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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 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."

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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: (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

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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 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

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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 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

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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 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;

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(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. 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

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(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 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

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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."
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

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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. (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

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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. (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.

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(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 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

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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 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

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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:
(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:

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(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 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

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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; (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."

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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. (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

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regulations and unfair trade practices which may be the basis for the issuance of a citation or a letter of findings."

Representative Powell of the 29th moved that the House agree to the Senate amendment to the House substitute to SB 365.

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

Abdul-Salaam Abrams Y Allison E Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague N Bell N 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 Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson N Dobbs Y Dollar N 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 Y Heard

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

Y Mayo Y McBrayer Y McCall Y McKillip Y Meadows Y Mitchell Y Morgan
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 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 N Stephenson Y Talton
Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch Y 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 motion the ayes were 152, nays 8.

The motion prevailed.

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Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
SB 114. By Senators Grant of the 25th, Staton of the 18th, Hooks of the 14th and Shafer of the 48th:
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 provide for the issuance of a manufacturer's or distiller's license to a fruit grower for the manufacture of distilled spirits under certain circumstances; to provide for the issuance of a manufacturer's or distiller's license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 143. By Senators Henson of the 41st and Shafer of the 48th:
A BILL to be entitled an Act to amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide that an applicant for a license by endorsement shall provide certain information; to repeal certain obsolete provisions; 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.

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SB 236. By Senators Cowsert of the 46th, Crosby of the 13th, Williams of the 19th and Goggans of the 7th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the O.C.G.A., relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for matters relative to drivers' licenses of persons convicted of driving under the influence; to amend Article 7 of Chapter 8 of Title 42 of the O.C.G.A., relating to ignition interlock devices as probation condition, so as to provide the courts with more authority with regard to the availability of ignition interlock device limited driving permits or probationary licenses and habitual violator probationary licenses for drivers convicted of a second DUI; to provide a court the ability to issue a certificate for such permits and licenses; to change provisions relating to proof of compliance with Code Section 42-8-111; 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 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.

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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 354. By Senator Williams of the 19th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, 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 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 470. By Senator Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient self-referral, so as to revise the definition of "rural area"; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 492. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to require that state contract awards for heavy equipment follow certain specific procedures; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 537. By Senator Jeffares of the 17th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular

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session of the General Assembly and printed in the 2012 Georgia Laws, so as to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide for vacancies; to provide for a referendum; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the Senate:
SB 234. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Rogers of the 21st, Heath of the 31st, and Chance of the 16th.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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

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a contingency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 872

The Committee of Conference on HB 872 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 872 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Renee S. Unterman Senator, 45th District

/s/ J. Shaw Representative, 176th District

/s/ Joshua McKoon Senator, 29th District

/s/ Matt Ramsey Representative, 72nd District

/s/ Jack Murphy Senator, 27th District

/s/ Richard Smith Representative, 131st District

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 provide for definitions, procedures, conditions, limitations, and prohibitions relating to the buying and selling of regulated metal property; to provide that secondary metals recyclers shall only purchase coil and certain copper wire from certain persons; to provide that secondary metals recyclers shall only purchase burial objects from certain persons; to change certain provisions relating to records secondary metals recyclers are to required to maintain and provide to law enforcement; to change certain provisions relating to inspections by law enforcement officers; to change certain provisions relating to payment by secondary metals recyclers for regulated metal property; to provide for powers, duties, and authority of sheriffs and other law enforcement officers; to provide for registration and fees; to provide for certain data bases to be created and maintained and certain forms and rules and regulation to be promulgated therefor; to provide for criminal offenses and penalties; to provide for forfeiture of certain property and procedure therefor; to provide for local regulation of the

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sale and purchase of regulated metal property; to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to make certain changes for purposes of conformity; 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 verification that a vehicle is not subject to any secured interest or lien; 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 and verification that a vehicle is not subject to any secured interest or lien, subject to a contingency; to provide for definitions; to amend Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of security interests and liens, so as to change certain provisions relating to the release of security interests and liens; to provide for related matters; to provide effective dates and contingencies; to provide for applicability; to amend an Act approved May 11, 2011 (Ga. L. 2011, p. 355), relating to drivers' licenses, so as to revise effective dates and a funding contigency; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by revising Article 14, relating to secondary metals recyclers, to read as follows:
"ARTICLE 14
10-1-350. As used in this article, the term:
(1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Burial object' means any product manufactured for or used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted. (3) 'Coil' means any copper, aluminum, or aluminum-copper condensing coil or evaporation coil including its tubing or rods. The term shall not include coil from a window air-conditioning system, if contained within the system itself, or coil from an automobile condenser. (4) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper.

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(5) 'Deliverer' means any individual who takes or transports the regulated metal property to the secondary metals recycler. (1)(6) 'Ferrous metals' means any metals containing significant quantities of iron or steel. (2)(7) 'Law enforcement officer' means any duly constituted peace officer of the State of Georgia or of any county, municipality, or political subdivision thereof. (3)(8) 'Nonferrous metals' means stainless steel beer kegs and metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof. (4)(9) 'Person' means an individual, partnership, corporation, joint venture, trust, association, and or any other legal entity. (5)(10) 'Personal identification card' means a current and unexpired driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, or an appropriate a current work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security federal government, which shall contain the individual's name, address, and photograph. (6)(11) 'Purchase transaction' means a transaction in which a the secondary metals recycler gives consideration in exchange for regulated metal property. (7)(12) 'Regulated metal property' means any item composed primarily of any ferrous metals or nonferrous metals, and includes aluminum property, copper property, and catalytic converters but shall not include batteries, aluminum beverage containers, used beverage containers, or similar beverage containers. (8)(13) 'Secondary metals recycler' means any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for ferrous or nonferrous metals regulated metal property that have has served their its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. (14) 'Seller' means the rightful owner of the regulated metal property or the individual authorized by the rightful owner of the regulated metal property to conduct the purchase transaction.
10-1-351. (a) No secondary metals recycler shall purchase any coil unless it is purchased from:
(1) A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A seller with verifiable documentation, such as a receipt or work order, indicating that the coils are the result of a replacement of condenser coils or a heating or air-

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conditioning system performed by a contractor licensed pursuant to Chapter 14 of Title 43; or (3) A secondary metals recycler who provides the documentation required in paragraphs (1) and (2) of this subsection received from a contractor or seller. (b) No secondary metals recycler shall purchase any copper wire which appears to have been exposed to heat, charred, or burned in an attempt to remove insulation surrounding it unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A seller with a copy of a police report showing that such seller's real property was involved in a fire; or (3) A secondary metals recycler who provides the documentation required in paragraphs (1) and (2) of this subsection received from a contractor or seller.
10-1-352. No secondary metals recycler shall purchase a burial object unless it is purchased from:
(1) A funeral director licensed under the provisions of Chapter 18 of Title 43 or by another state who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A cemetery owner registered pursuant to Code Section 10-14-4 or with another state who provides a copy of his or her valid registration at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied registration is on file with the secondary metals recycler; (3) A manufacturer or distributor of burial objects who provides a copy of his or her valid business license at the time of sale that is scanned or photocopied by the secondary metals recycler and a letter from the owner or operator of the manufacturing or distributing business expressly recognizing the seller as an employee or authorized agent of the manufacturer or distributor or whose scanned or photocopied business license and letter are on file with the secondary metals recycler; (4) A seller with verifiable documentation, such as a receipt from or contract with a licensed funeral director, registered cemetery owner, or manufacturer or distributor of burial objects, evidencing that such person is the rightful owner of the burial object; or (5) A secondary metals recycler who provides the documentation required in paragraphs (1) through (4) of this Code section received from a funeral director, cemetery owner, manufacturer or distributor of burial objects, or a seller.

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10-1-351. 10-1-353. (a) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party. Such record shall include the following information:
(1) The name and address of the secondary metals recycler; (2) The date of the transaction; (3) The weight, quantity, or volume and a description of the type of regulated metal property purchased in a purchase transaction. For purposes of this paragraph, the term 'type of regulated metal property' shall include a general physical description, such as wire, tubing, extrusions, or castings; (4) A digital photograph or photographs or a digital video image or images of the regulated metal property which shows the regulated metal property in a reasonably clear manner; (4)(5) The amount of consideration given in a purchase transaction for the regulated metal property and a copy of the check or voucher or documentation evidencing the electronic funds transfer given as consideration for such purchase transaction; (5)(6) A signed and sworn affidavit from the person receiving consideration in the purchase transaction seller stating that he or she such person is the rightful owner of the regulated metal property or is entitled has been authorized to sell the regulated metal property being sold; (7) A signed and sworn affidavit from the seller stating that he or she understands that: 'A secondary metals recycler is any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. No ferrous metals, nonferrous metals, aluminum property, copper property, or catalytic converters (batteries, aluminum beverage containers, used beverage containers, or similar beverage containers are exempt) may be purchased by a secondary metals recycler unless such secondary metals recycler is a holder of a valid permit issued pursuant to Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated'; (6)(8) A photocopy scanned or photocopied copy of a valid personal identification card of the person delivering the regulated metal property to the secondary metals recycler seller and the deliverer, if such person is different from the seller; (9) A photograph, videotape, or digital recording depicting a recognizable facial image of the seller and the deliverer, if such person is different from the seller, employing technology allowing the image to be retained in electronic storage and in a transferable format; (7)(10) The distinctive number from, and type of, the personal identification card of the person delivering the regulated metal property to the secondary metals recycler seller and the deliverer, if such person is different from the seller; and

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(8)(11) The vehicle license tag number or vehicle identification number, state of issue, and the type of vehicle, if available, used to deliver the regulated metal property to the secondary metals recycler. For purposes of this paragraph, the term 'type of vehicle' shall mean an automobile, pickup truck, van, or truck; and (12) A scanned or photocopied copy of the verifiable documentation, reports, licenses, and registrations, required pursuant to Code Sections 10-1-351 and 10-1352. (b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) of this Code section for not less than two years from the date of the purchase transaction. (c) When the metal being purchased is a motor vehicle, the person offering to sell the motor vehicle to a secondary metals recycler seller shall either provide the title to such motor vehicle or fully execute a cancellation of certificate of title for scrap vehicles statement on a form as promulgated by the Department of Revenue, Motor Vehicle Division, designated as MV-1SP, in accordance with Code Section 40-3-36. The secondary metals recycler shall forward the title or MV-1SP form to the Department of Revenue within 72 hours of receipt of the title or form. (d) It shall be unlawful to make a false statement in executing the affidavit required by either paragraph (6) or (7) of subsection (a) of this Code section, and the making of a false statement shall be punishable as an act of false swearing under Code Section 1610-71.
10-1-352. 10-1-354. During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying himself or herself as a law enforcement officer, have the right to inspect:
(1) Any and all purchased regulated metal property in the possession of the secondary metals recycler; and (2) Any and all records required to be maintained under Code Section 10-1-351 10-1353.
10-1-352.1. 10-1-355. (a) As used in this Code section, the terms:
(1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (b) A secondary metals recycler may pay by check or by cash for any copper property, catalytic converter, or aluminum property as follows: (1) Cash payments shall occur no earlier than 24 hours after the copper property, catalytic converter, or aluminum property is provided to the secondary metals recycler; and (2) Checks shall be payable only to the person named who was recorded as delivering the copper property, catalytic converter, or aluminum property to the secondary

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metals recycler; provided, however, that if such person is delivering the copper property, catalytic converter, or aluminum property on behalf of a governmental entity or a nonprofit or for profit business, the check may be payable to such business or entity and may also be transmitted to such business or entity. (a) A secondary metals recycler shall pay only by check, electronic funds transfer, or voucher for regulated metal property. (b) Any check, electronic funds transfer, or voucher shall be payable only to the person recorded as the seller of the regulated metal property to the secondary metals recycler. (c) Any voucher shall be provided to the seller at the time of the purchase transaction or mailed to the seller at the address indicated on the personal identification card of the seller presented at the time of such transaction. If the voucher is provided to the seller at the time of the purchase transaction and not mailed to the seller, the secondary metals recycler shall not redeem the voucher for three days from the date of the purchase transaction. The voucher shall include the date of purchase, name of the seller, the amount paid for the regulated metal property, a detailed description of the regulated metal property purchased, information as to whether the voucher was mailed or provided at the time of the purchase transaction, the first date on which the voucher may be redeemed, and the date on which the voucher expires. The voucher may only be redeemed for cash by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative. If a voucher is not redeemed by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative within six months of the date of the transaction, the voucher shall expire and the secondary metals recycler shall not be required to honor the voucher after the expiration date. (d) A secondary metals recycler shall be prohibited from: (1) redeeming or cashing any check or electronic funds transfer paid to a seller for regulated metal property; and (2) providing or permitting any mechanism on the premises of the secondary metals recycler for the redemption or cashing of any check or electronic funds transfer. (c)(e) The provisions of this Code section shall not apply to any transaction between business entities.
10-1-353. 10-1-356. (a) Whenever a law enforcement officer has reasonable cause to believe that any item of regulated metal property in the possession of a secondary metals recycler has been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler. The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the notice issued in accordance with this Code section, the secondary metals recycler receiving the notice shall not process or remove the items of regulated metal property identified in the notice, or any portion thereof, from the premises of or place of

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business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer. (b) No later than the expiration of the 15 day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the extended hold notice issued in accordance with this Code section, the secondary metals recycler receiving the extended hold notice shall not process or remove the items of regulated metal property identified in the notice, or any portion thereof, from the premises of or place of business of the secondary metals recycler for 30 calendar days after receipt of the extended hold notice by the secondary metals recycler, unless sooner released by a law enforcement officer. (c) At the expiration of the hold period or, if extended in accordance with this Code section, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the regulated metal property unless other disposition has been ordered by a court of competent jurisdiction.
10-1-354. 10-1-357. (a) If the secondary metals recycler contests the identification or ownership of the regulated metal property, the party other than the secondary metals recycler claiming ownership of any regulated metal property in the possession of a secondary metals recycler may, provided that a timely report of the theft of the regulated metal property was made to the proper authorities, bring an action in the superior or state court of the county in which the secondary metals recycler is located. The petition for such action shall include a description of the means of identification of the regulated metal property utilized by the petitioner to determine ownership of the regulated metal property in the possession of the secondary metals recycler. (b) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has complied with the provisions of this article, and the person who sold the regulated metal property to the secondary metals recycler seller or deliverer is convicted of theft by taking, theft by conversion, a violation of this article, theft by receiving stolen property, or criminal damage to property in the first degree, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the secondary metals recycler or lawful owner, as appropriate. (c) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has knowingly and intentionally not complied with the provisions of this article, and the secondary metals recycler is convicted of theft by taking, theft by conversion, theft by receiving stolen property, or a violation of this article, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the lawful owner.

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10-1-355. 10-1-358. This article shall not apply to purchases of regulated metal property from:
(1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations or from any nonprofit corporations or associations; (2) A law enforcement officer acting in an official capacity; (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler; (4) Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler; (5) A sale on the execution, or by virtue, of any process issued by a court if proof thereof has been presented to the secondary metals recycler; or (6) A manufacturing, industrial, or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business, provided that such vendor is not a secondary metals recycler.
10-1-356. 10-1-359. It shall be unlawful for:
(1) A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of 9:00 7:00 P.M. and 6:00 7:00 A.M.; and (2) Any person to give a false statement of ownership or to give a false or altered identification or vehicle tag number and receive money or other consideration from a secondary metals recycler in return for regulated metal property personal identification card, vehicle license tag number, or vehicle identification number to a secondary metals recycler as part of a purchase transaction.
10-1-360. (a) It shall be unlawful for any secondary metals recycler to purchase regulated metal property in any amount without being registered pursuant to this Code section. If the secondary metals recycler is a person other than an individual, such person shall register with the sheriff of each county in which the secondary metals recycler maintains a place of business. If the secondary metals recycler is an individual, he or she shall register with the sheriff of the county in which he or she resides or if such individual is a nonresident of this state, he or she shall register with the sheriff of the county in Georgia where he or she primarily engages or intends to primarily engage in business as a secondary metals recycler. The secondary metals recycler shall declare on a form promulgated by the Secretary of State and provided by the sheriff that such secondary metals recycler is informed of and will comply with the provisions of this article. The forms and information required for such registration shall be promulgated by the Secretary of State. The sheriff shall register the secondary metals recycler and shall keep a record of each registration. Each registration shall be valid for a 12 month period.

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(b) The record of each registration shall be entered into an electronic data base accessible statewide. Such data base shall be established through coordination with the Secretary of State and shall be searchable by all law enforcement agencies in this state. (c) The sheriff shall be authorized to:
(1) Assess and require payment of a reasonable registration fee prior to registering the secondary metals recycler, not to exceed $200.00; (2) Delegate to personnel in the sheriff's office the registration of secondary metals recyclers and entering into the data base of the records of such registrations; and (3) Enter into contracts with the governing authority of a county, municipality, or consolidated government for such governing authority to provide for the registration of secondary metals recyclers and the entering into the data base of the records of such registrations by other law enforcement agencies or by staff of the governing authority. Any such contract shall provide for reimbursement to such governing authority for the registrations or entry of the records of such registrations into the data base. (d) Any secondary metals recycler convicted of violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
10-1-357. 10-1-361. (a) Any person selling regulated metal property to a secondary metals recycler in violation of any provision of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (b) Any secondary metals recycler knowingly and intentionally engaging in any practice which constitutes a violation of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, such secondary metals recycler shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (a) Except as provided for in subsection (d) of Code Section 10-1-360, any person who buys or sells regulated metal property in violation of any provision of this article:
(1) For a first offense, shall be guilty of a misdemeanor; (2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and

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(3) For a third or subsequent offense, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. (b) Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable in a civil action to any person who was the victim of a crime involving such regulated metal property for the full value of the regulated metal property, any repairs and related expenses incurred as a result of such crime, litigation expenses, and reasonable attorneys' fees.
10-1-362. (a) As used in this Code section, the term:
(1) 'Crime' means: (A) Theft by taking in violation of Code Section 16-8-2, theft by conversion in violation of Code Section 16-8-4, or theft by receiving stolen property in violation of Code Section 16-8-7 if the subject of the theft was regulated metal property; (B) Criminal damage to property in the first degree in violation of paragraph (2) of subsection (a) of Code Section 16-7-22; or (C) A criminal violation of this article.
(2) 'Proceeds' shall have the same meaning as set forth in Code Section 16-13-49. (3) 'Property' shall have the same meaning as set forth in Code Section 16-13-49. (b) The following are declared to be contraband, and no person shall have a property right in them: (1) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a crime and any proceeds derived or realized therefrom; and (2) Any weapon possessed, used, or available for use in any manner to facilitate a crime. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Code Section 16-13-49.
10-1-358. 10-1-363. (a) The General Assembly finds that this article is a matter of state-wide concern. This article supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding the sale or purchase of regulated metal property except as allowed in this Code section. (b) Political subdivisions of this state may enact rules, regulations, codes, ordinances, and other laws:
(1) Affecting the land use and zoning relating to secondary metals recyclers; and (2) Issuing occupational tax certificates to secondary metals recyclers, imposing occupational taxes, imposing regulatory fees as allowed in Code Section 48-13-9, or revoking their occupational tax certificates."

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SECTION 1-2. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by revising paragraph (9) of subsection (a) of Code Section 16-8-12, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, as follows:
"(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are term is defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both."
SECTION 1-3. 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, is amended by revising paragraphs (2) and (3) of subsection (a) as follows:
"(2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, or has lost the title for the vehicle to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is worth $850.00 or less and is at least 12 model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer under Code Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to:
(A) A statement that the vehicle shall never be titled again; it must be dismantled or scrapped; (B) A description of the vehicle including the year, make, model, vehicle identification number, and color; (C) The name, address, and driver's license number of the owner; (D) A certification that the owner:
(i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $850.00 or less; (ii) Is at least 12 model years old; and (iii) Is not subject to any secured interest or lien; (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement;

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(G) The owner's signature and the date of the transaction; (H) The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle; (I) A certification by the business that $850.00 or less was paid to acquire the vehicle; and (J) A certification that the business has verified by an on-line method determined by the commissioner that the vehicle is not currently subject to any secured interest or lien; provided, however, that such certification shall not be required until such an on-line method has been established and is available; and (J)(K) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3)(A) The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction, requesting that the department cancel the Georgia certificate of title and registration. (B) Notwithstanding the requirement to mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department, the department shall provide a mechanism for the receipt of the information required to be obtained in the statement by electronic means, at no cost to the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor, in lieu of the physical delivery of the statement, in which case the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall maintain the original statement for a period of not less than two years. (C) Within 48 hours of each day's close of business, the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver in a format approved by the department, either by facsimile or by other electronic means to be made available by the department by January 1, 2012, a list of all such vehicles purchased that day for scrap or for parts. That list shall contain the following information:
(i) The name, address, and contact information for the reporting entity; (ii) The vehicle identification numbers of such vehicles; (iii) The dates such vehicles were obtained; (iv) The names of the individuals or entities from whom the vehicles were obtained, for use by law enforcement personnel and appropriate governmental agencies only; (v) A statement of whether the vehicles were, or will be, crushed or disposed of, or offered for sale or other purposes; (vi) A statement of whether the vehicle is intended for export out of the United States; and (vii) The National Motor Vehicle Title Information System identification number of the business acquiring the vehicle.

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There shall be no charge to either a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor associated with providing this information to the department. (D) For purposes of this subsection, the term 'motor vehicle' shall not include a vehicle which has been crushed or flattened by mechanical means such that it is no longer the motor vehicle as described by the certificate of title, or such that the vehicle identification number is no longer visible or accessible, in which case the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall verify that the seller has reported the vehicles in accordance with this subsection. Such verification may be in the form of a certification from the seller or contract between the seller and the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor which clearly identifies the seller by a government issued photograph identification card, or employer identification number, and shall be maintained for a period of not less than two years. (E) The information obtained by the department in accordance with this subsection shall be reported to the National Motor Vehicle Title Information System, in a format which will satisfy the requirement for reporting this information, in accordance with rules adopted by the United States Department of Justice in 28 C.F.R. 25.56. (F) The information obtained by the department in accordance with this subsection shall be made available only to law enforcement agencies, and for purposes of canceling certificates of title, and shall otherwise be considered to be confidential business information of the respective reporting entities. (G) All records required under the provisions of this Code section shall be maintained for a period of two years by the reporting entity and shall include a scanned or photocopied copy of the seller's or seller's representative's driver's license or state issued identification card."
SECTION 1-4. Said Code section is further amended by adding a new subsection to read as follows:
"(j) As used in this Code section, the terms: (1) 'Scrap metal processor' shall have the same meaning as set forth in Code Section 43-43-1. (2) 'Secondary metals recycler' shall have the same meaning as set forth in Code Section 10-1-350. (3) 'Used motor vehicle parts dealer' shall have the same meaning as set forth in Code Section 43-47-2."
SECTION 1-5. Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of security interests and liens, is amended by revising paragraph (1) of subsection (a) and revising subsection (c) as follows:

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"(a)(1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commissioner prescribes and mail or deliver the release to the commissioner and the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. For the purposes of the release of a security interest or lien the 'holder' of the lien or security interest is the parent bank or other lending institution and any branch or office of the parent institution may execute such release." "(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest for a vehicle which is 11 model years old or less shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. For a vehicle which is 12 model years old and greater, any lien or security interest shall be considered satisfied and a release shall not be required after four years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years for a vehicle which is 11 model years old or less or beyond a period of more than four years for a vehicle which is 12 model years old or greater, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle which is 11 model years old or less or more than four years for a vehicle which is 12 model years old and greater, other than a mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner or the commissioner's duly authorized tag agent before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner or the commissioner's duly authorized county tag agent."
PART II SECTION 2-1.
Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Code section to read as follows:
"10-1-360.1. (a) Each secondary metals recycler shall provide all of the information required by subsection (a) of Code Section 10-1-353 for each transaction, except for the amount of

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consideration given in a purchase transaction for the regulated metal property specified in paragraph (5) of subsection (a) of such Code section, to the Georgia Bureau of Investigation. (b) The Georgia Bureau of Investigation shall establish and maintain a data base of all information required to be provided pursuant to subsection (a) of this Code section. Such data base shall be accessible and searchable by all law enforcement agencies in this state. The Georgia Bureau of Investigation shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this Code section. Such rules and regulations shall include, but shall not be limited to, the time, manner, and method of the transmittal of the information by the secondary metals recyclers to the Georgia Bureau of Investigation."
PART IV SECTION 4-1.
(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2012, and shall apply to all offenses committed on or after such date. (b) Part II of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of this Act as expressed in a line item making specific reference to such funds in a General Appropriations Act enacted by the General Assembly.
SECTION 4-2. (1) An Act approved May 11, 2011 (Ga. L. 2011, p. 355) is amended by revising Section 21 as follows:
"SECTION 21. (a) Sections 1 through 22 of this Act shall become effective on January 1, 2012. (b) Section .2 of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of Section .2 of this Act as expressed in a line item making specific reference to the full funding of Section .2 of this Act in an appropriations Act enacted by the General Assembly. (c)(1) Paragraph (2) of subsection (a) of Code Section 40-3-36, as amended in Section .1 of this Act, shall become effective on January 1, 2012. (2) All other provisions of Section .1 shall become effective on July 1, 2012."
SECTION 4-3. All laws and parts of laws in conflict with this Act are repealed.
Representative Shaw of the 176th moved that the House adopt the report of the Committee of Conference on HB 872.
On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 Y Casas Y Channell Y Cheokas Y Clark, J
Clark, V Y Coleman Y Collins Y Cooke
Coomer Y Cooper Y Crawford

Y Davis N Dawkins-Haigler Y Dempsey Y 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 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
Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hightower Y Hill Y Holcomb Y Holmes N Holt N Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Kendrick E Kidd N Kirby 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 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
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 N Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites Y Watson Y Welch
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 motion, the ayes were 159, nays 8.

The motion prevailed.

Representative Weldon of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

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HB 175. By Representatives Casas of the 103rd, Harrell of the 106th, Davis of the 109th, Brockway of the 101st, Nix of the 69th and others:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to enact the "Online Clearinghouse Act"; to create a clearinghouse through which local school systems may offer their computer-based courses to students of other local school systems; to provide for definitions; to provide for procedures and requirements for offering a course through the clearinghouse; to provide for enrollment in virtual courses offered through the clearinghouse; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitutes to the following bills of the Senate:
SB 113. By Senator Carter of the 1st:
A BILL to be entitled an Act to provide for local government contracting powers and related requirements; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to clarify that the authority of municipal corporations to enter into certain contracts is in addition to and does not change or conflict with any otherwise existing authority to enter into such contracts; to change certain provisions relating to definitions relative to public works bidding; 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; and for other purposes.
SB 410. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Jeffares of the 17th, Heath of the 31st and others:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, so as to provide for annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems; to provide for individual school and school system numerical score ratings based on student achievement, achievement gap closure, and student progress; to require that a letter grade be assigned to each school and school system and included on school and school system report cards; to revise provisions relating to awards

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and interventions; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 464. By Senators Ligon, Jr. of the 3rd and Jackson of the 2nd:

A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to limit the number of commercial crabbing licenses issued; to provide for the requirement of a court document when transferring a commercial crabbing licenses upon a death; to provide for the sale of commercial crabbing licenses in certain instances; to provide for specific penalties for the unlawful taking of crabs from the traps of another; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

SB 33.

By Senators Shafer of the 48th, Chance of the 16th, Davis of the 22nd, Hill of the 32nd, Staton of the 18th and others:

A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to provide short titles; to provide for the application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 33

The Committee of Conference on SB 33 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 33 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ David Shafer Senator, 48th District

/s/ Allison Representative, 8th District

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/s/ Joshua McKoon Senator, 29th District

/s/ Martin Representative, 47th District

/s/ Jack Hill Senator, 4th District

/s/ Mike Cheokas Representative, 134th District

A BILL TO BE ENTITLED AN ACT

To amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to provide for the application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; to provide for automatic repeal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," is amended by adding a new Code section to read as follows:
"45-12-75.1. (a) The Governor in preparing his or her budget report under Code Section 45-12-75, and budget units in preparing their budget estimates under Code Section 45-12-78, shall make use of zero-base budgeting as provided in this Code section. The requirements of this Code section shall apply to the budget report presented to the General Assembly in January of 2013 and each year thereafter. (b) It is the intent of this Code section that in any given year the Governor's budget report shall include zero-base budgeting for the agencies and programs as identified by the House Budget Office and Senate Budget Office in consultation with The Governor's Office of Planning and Budget. The House Budget Office and Senate Budget Office in consultation with The Governor's Office of Planning and Budget shall require each agency to use zero-base budgeting at least once every ten years and shall not require any agency or program to use zero-base budgeting more often than once every eight years. The House Budget Office and Senate Budget Office in consultation with The Governor's Office of Planning and Budget shall balance the number of agencies and programs submitting zero-base budgets with staff available for preparing a budget and staff available for conducting review and analysis of the budget submission. The Governor and the Office of Planning and Budget shall prescribe the forms and format for zero-base budgets and serve as the entity designated for coordinating the preparation of zero-base budgets by the executive branch. (c) In the years in which zero-base budgeting applies, each budget unit shall include in its budget estimate an analysis summarizing the prior two fiscal years and proposed

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spending plans by program, object class, and revenue source. Information presented shall include the following:
(1) A statement of the budget unit's departmental and program purposes; effectiveness, efficiency, and equity measures; and program size indicators; and (2) A priority listing encompassing all alternative funding levels for all programs. (d) In the years in which an agency or program submits a zero-base budget, the Governor shall include in the budget report relevant materials related to each budget unit's submission under subsection (c) of this Code section and such other relevant material as deemed appropriate by the Governor. (e) Without in any way limiting the generality of the other provisions of this Code section, it is specifically provided that the Board of Regents of the University System of Georgia shall be a budget unit subject to this Code section and the programs of the board of regents shall be periodically subject to zero-base budgeting as provided for in this Code section and in keeping with the Constitution. (f) Without in any way limiting the generality of the other provisions of this Code section, it is specifically provided that in the budget report presented to the General Assembly in January of 2013 the Department of Education's budget shall be submitted as a zero-base budget according to the guidelines contained in this Code section. (g) The judicial branch is encouraged to participate in the zero-base budgeting process. (h) The Joint Fiscal Affairs Subcommittee, as authorized under Code Section 28-5-23, may review all information and materials related to any zero-base budget request to include hearings as necessary. (i) The Office of Planning and Budget and the Joint Fiscal Affairs Subcommittee shall maintain effectiveness, efficiency, and equity measures related to zero-base budgeting. (j) This Code section shall be automatically repealed on June 30, 2020, unless reauthorized by the General Assembly."

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

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

Representative Allison of the 8th moved that the House adopt the report of the Committee of Conference on SB 33.

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

Abdul-Salaam N Abrams Y Allison E Amerson E Anderson

Y Davis N Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey

N Heckstall Y Hembree Y Henson Y Hightower Y Hill

N Mayo Y McBrayer Y McCall Y McKillip Y Meadows

Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C

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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
Brooks Y 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 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 N Evans N Floyd
Fludd N 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 N Heard

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

Y Mitchell N Morgan Y Morris N Mosby N 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 Y Scott, M N Scott, S

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

On the motion, the ayes were 141, nays 22.

The motion prevailed.

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.

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The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 875

The Committee of Conference on HB 875 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 875 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Bulloch Senator, 11th District

/s/ Knight Representative, 126th District

/s/ Balfour Senator, 9th District

/s/ McCall Representative, 30th District

/s/ Mullis Senator, 53rd District

/s/ Williams Representative, 52nd District

A BILL TO BE ENTITLED AN ACT

To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide that certain records of the Georgia Government Transparency and Campaign Finance Commission may not be subject to public inspection; to provide for filings with, fees of, and notices by the commission; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for certain records and disclosure of exempting legal authority, so as to exempt certain records of the Department of Agriculture from disclosure; 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. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended in Code Section 21-5-6, relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission, by adding a new paragraph in subsection (a) to read as follows:
"(5.1) In the discretion of the commission, to seal any records of the commission relating to a concluded investigation of an alleged or suspected violation if that investigation resulted in a determination by the commission either that no violation occurred or that only a technical defect in a filing occurred in accordance with Code Section 21-5-7.1. Any records so sealed shall not be open to public inspection under Article 4 of Chapter 18 of Title 50;"
SECTION 2. Said chapter is further amended in Code Section 21-5-50, relating to filings by public officers, filings by candidates for public office, filings by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission, by adding a new subsection to read as follows:
"(f.1)(1) The commission shall not give public notice stating that a filing required by this Code section was made late or was otherwise deficient until at least 30 days after the deadline for filing. (2) The commission may provide by rule or regulation for the waiver of late fees imposed under subsection (f) of this Code section."
SECTION 3. Said chapter is further amended in Code Section 21-5-71, relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, by adding a new subparagraph in paragraph (2) of subsection (f) to read as follows:
"(F) The commission may provide by rule or regulation for the waiver of late fees imposed under subparagraphs (D) and (E) of this paragraph."
SECTION 4. 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

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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 5. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for certain records and disclosure of exempting legal authority, is amended by adding a new paragraph in subsection (a) to read as follows:
"(10.4) Records, data, or information compiled and maintained by the Department of Agriculture regarding applicants for or recipients of certification for taxation purposes as a qualified agriculture producer as defined in Code Section 48-8-3.3; provided, however, that nothing in this paragraph shall prevent the release of such records, data, or information to a law enforcement officer, prosecutor, or judge or another state or federal agency for use in the investigation or prosecution of alleged criminal or unlawful activity or for other official use;"
SECTION 6. 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 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Knight of the 126th moved that the House adopt the report of the Committee of Conference on HB 875.

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

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

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

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

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

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

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N Collins Y Cooke Y Coomer N Cooper N Crawford

N Harden, M N Harrell Y Hatchett N Hatfield N Heard

Y Maddox, G N Manning N Marin Y Martin N Maxwell

N Rogers, C N Rogers, T N Rynders N Scott, M N Scott, S

N Williams, E E Williams, R N Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 25, nays 143.

The motion was lost.

Representative Coomer of the 14th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

House of Representatives Coverdell Legislative Office Building
Suite 401 Atlanta, Georgia 30334

March 29, 2012

Robert E. Rivers Clerk of the House 309 State Capitol Atlanta, GA 30334

Dear Robbie:

My recorded "yes" vote on the Conference Committee Report to House Bill 875 [House Vote No. 865] was in error. Please ensure that the House Journal reflects my opposition to the Conference Committee Report.

Sincerely,

/s/ Mike Jacobs

HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others:

A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 347

The Committee of Conference on HB 347 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 347 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Charlie Bethel Senator, 54th District

/s/ Jimmy Pruett Representative, 144th District

/s/ George Hooks Senator, 14th District

/s/ Bill Hembree Representative, 67th District

/s/ Chance Senator, 16th District

/s/ Terry England Representative, 108th District

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 the State-wide Reserve Ratio; to change certain provisions relating to determination of the weekly benefit amount; to provide for related matters; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by revising paragraph (1) of subsection (b) of Code Section 34-8-49, relating to wages, as follows:
"(1) For the purposes of Code Section 34-8-20 and Articles 5 and 6 of this chapter, except Code Sections 34-8-156 and 34-8-157, any remuneration paid in excess of taxable wages. For purposes of this chapter, 'taxable wages' means that portion of remuneration paid by an employer to each employee, subject to unemployment

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insurance contributions for each calendar year which does not exceed the following amounts:
(A) For the period January 1, 1976, through December 31, 1982 -- $6,000.00; (B) For the period January 1, 1983, through December 31, 1985 -- $7,000.00; (C) For the period January 1, 1986, through December 31, 1989 -- $7,500.00; and (D) For the period January 1, 1990, and thereafter through December 31, 2012 -- $8,500.00; and (E) January 1, 2013, and thereafter $9,500.00; provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered for purposes of this provision as having been paid by the successor employer;"

SECTION 2. Said chapter is further amended by revising subparagraph (d)(4)(B) of Code Section 348-156, relating to the State-wide Reserve Ratio, as follows:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the State-wide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

1.5 percent

1.7 percent

25 percent

1.25 percent

1.5 percent

50 percent

0.75 percent

1.25 percent

75 percent

Under 0.75 percent

100 percent

provided, however, that for the periods of January 1 through December 31, 2004;

January 1 through December 31, 2005; and January 1 through December 31, 2006,

the overall increase in the rate required under this subparagraph shall be suspended

and the provisions of this subparagraph shall be null and void, except in the event

the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent on the

computation date with respect to rates applicable to calendar year 2004, 2005, or

2006, then for each such year the Commissioner of Labor shall have the option of

imposing an increase in the overall rate of up to 35 percent, as of the computation

date, for each employer whose rate is computed under a rate table in Code Section

34-8-155; and provided, further, that for the periods of January 1 through December

31, 2007, January 1 through December 31, 2008, January 1 through December 31,

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2009, January 1 through December 31, 2010, January 1 through December 31, 2011, and January 1 through December 31, 2012, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2007, 2008, 2009, 2010, 2011, or 2012, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; and provided, further, that for the period of January 1 through December 31, 2013, and for each calendar year period thereafter, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2013 or any calendar year thereafter, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; provided, however, that if any funds borrowed by the Commissioner from the United States Treasury pursuant to Code Section 34-8-87 are unpaid or if the Unemployment Compensation Fund balance is less than $1 billion, then the Commissioner of Labor shall impose an increase in the overall rate of 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155."
SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 34-8-193, relating to determination of weekly benefit amount, as follows:
"(d)(1) Except as otherwise provided in this subsection, the maximum benefits payable to an individual in a benefit year shall be the lesser of: 26 times the weekly amount or
(A) Fourteen times the weekly benefit amount, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent; or (B) one-fourth One-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (2) In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection and without restriction with respect to an individual's benefit year, for claims filed on or after January 1, 2010, weekly unemployment

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compensation shall be payable under this subsection to any individual who is unemployed, has exhausted all rights to regular unemployment compensation under the provisions of Article 7 of this chapter, and is enrolled and making satisfactory progress, as determined by the Commissioner, in a training program approved by the department, or in a job training program authorized under the Workforce Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other training allowances for nontraining costs. Each such training program approved by the department or job training program authorized under the Workforce Investment Act of 1998 shall prepare individuals who have been separated from a declining occupation, as designated by the department from time to time, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a highdemand occupation, as designated by the department from time to time. The amount of unemployment compensation payable under this subsection to an individual for a week of unemployment shall be equal to the individual's weekly benefit amount for the individual's most recent benefit year less deductible earnings, if any. The total amount of unemployment compensation payable under this subsection to any individual shall be equal to at least 26 14 times the individual's weekly benefit amount for the individual's most recent benefit year, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent. The provisions of subsection (d) of Code Section 34-8-195 shall apply to eligibility for benefits under this subsection. Except when the result would be inconsistent with other provisions of this subsection, all other provisions of Article 7 of this chapter shall apply to the administration of the provisions of this subsection. (3) As used in this subsection, the term 'state's average unemployment rate' means the average of the adjusted state-wide unemployment rates as published by the department for the time periods of April 1 through April 30 and October 1 through October 31. The average of the adjusted state-wide unemployment rates for the time period of April 1 through April 30 shall be effective on and after July 1 of each year and shall be effective through December 31. The average of the adjusted state-wide unemployment rates for the time period of October 1 through October 31 shall be effective on and after January 1 of each year and shall be effective through June 30."
SECTION 4. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall become effective on July 1, 2012.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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Representative Pruett of the 144th moved that the House adopt the report of the Committee of Conference on HB 347.

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

Abdul-Salaam N Abrams Y Allison E Amerson E Anderson N Ashe Y Atwood Y Baker Y Battles N Beasley-Teague N Bell N Benfield Y 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 Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer Y Cooper N Crawford

Davis N Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson N Dobbs Y Dollar N Drenner Y Dudgeon
Dukes Y Dunahoo Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J N Evans N Floyd N Fludd N Frazier N Fullerton N Gardner Y Geisinger Y Golick N Gordon
Greene Y Hamilton Y Hanner Y 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 Y Holmes Y Holt Y Horne Y Houston N Howard
Hudson N Hugley N Jackson Y Jacobs E James Y Jasperse N Jerguson N Johnson
Jones, J N Jones, S
Jordan N Kaiser N Kendrick E Kidd Y Kirby
Knight Y Lane Y Lindsey N Long Y Maddox, B Y Maddox, G Y Manning N Marin Y Martin Y Maxwell

N Mayo Y McBrayer
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 Y Parrish Y Parsons Y Peake
Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall N Reece Y Rice
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 Y Sims, C N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre N Spencer N Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R
Taylor, T Y Teasley N Thomas N Waites Y Watson
Welch Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E E Williams, R Y Williamson Y Yates Ralston, Speaker

On the motion, the ayes were 98, nays 60.

The motion prevailed.

Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

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Due to a mechanical malfunction, the vote of Representative Welch of the 110th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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 Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others:
A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:
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

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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.
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 Bill of the House was taken up for the purpose of considering the Senate action thereon:
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 following Senate substitute was read:
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 extend a compliance date; to amend Code Section 31-2A-12 of the Official Code of Georgia Annotated, relating to regulation of land disposal sites, so as to provide for uniformity; to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia

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property; to amend Part 5 of Article 3 of Chapter 5 of Title 12, relating to public water systems, so as to require private water suppliers utilizing a waste-water sewer system owned or operated by a county, municipality, or local authority to transmit customer water consumption data to such county, municipality, or local authority; to require private water suppliers to suspend water supply to customers who have failed to pay charges for use of the waste-water sewer system; to provide for exemptions; 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 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, is amended in Code Section 12-5-179, relating to permits and performance bonds for operation of public water systems, by adding a new subsection to read as follows:
"(h)(1) Any privately owned public water supplier within this state supplying water to customers who, incidental to the purchase of such water, utilize a waste-water sewer system owned or operated by a county, municipality, or local authority to dispose of or discharge the water purchased shall furnish to such political subdivision the amount of water consumed by each individually metered customer account during each billing period. (2) Upon receiving notice from a county, municipality, or local authority described in paragraph (1) of this subsection that a customer has failed to timely pay any charges for the use of the waste-water sewer system, the private water supplier shall, within five business days of such notice, suspend water supply to that customer. The water supply to such customer shall remain suspended until such political subdivision notifies the water supplier to resume water service. The private water supplier shall be authorized to charge a reasonable fee to the customer for the cost of suspension or resumption of water service. (3) Nothing in this subsection shall abrogate the provisions of Code Section 36-60-17. (4) The requirements of this subsection shall not apply to submetered multifamily, multi-industrial, or multicommercial properties."
SECTION 1A. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, is amended in Code Section 12-8-41,

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relating to permitting of land disposal sites, by replacing "2012" with "2014" wherever the former occurs.
SECTION 1B. Code Section 31-2A-12 of the Official Code of Georgia Annotated, relating to regulation of land disposal sites, is amended by replacing "2012" with "2014" wherever the former occurs.
SECTION 1C. Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, is amended by revising paragraph (6) of subsection (b) of Code Section 12-8-202, relating to definitions, as follows:
"(6) 'Prospective purchaser' means a person who intends to purchase a property where there is a preexisting release or a person who has applied for a limitation of liability pursuant to this article within 30 days of acquiring title to a property where there is a preexisting release."
SECTION 2. Said article is further amended by revising subsection (c) of Code Section 12-8-208, relating to exceptions to limitation of liability, as follows:
"(c) The limitation of liability provided by this article shall be fully transferable automatically inure to the benefit of heirs, assigns, successors in title, and designees of the person to whom such limitation of liability is granted; provided, however, that in no event shall the director's approval of a corrective action plan or concurrence with a certification of compliance operate to absolve from liability any party deemed to be a person who has contributed or is contributing to a release at the qualifying property; and provided, further, that a transfer of the title to the qualifying property or any portion thereof from the prospective purchaser back to the owner of the property from which the subject property was purchased, to any other party deemed to be a person who has contributed or is contributing to a release at the property, or to any person disqualified from obtaining a limitation of liability under Code Section 12-8-206, or back to the owner of the property from which the subject property was purchased shall terminate any limitation of liability applicable to the transferor under this article."
SECTION 3. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by revising subparagraph (F) of paragraph (3) of Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, as follows:
"(F) Fair market value of 'brownfield property' as such term is defined in subsection (a) of Code Section 48-5-7.6 means:
(i) Unless sooner disqualified pursuant to subsection (e) of Code Section 48-5-7.6, for the first ten years in which the property is classified as 'brownfield property,' or

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as this period of preferential assessment may be extended pursuant to subsection (o) of Code Section 48-5-7.6, the value equal to the lesser of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time application was made to the Environmental Protection Division of the Department of Natural Resources for participation under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Sites Site Reuse and Redevelopment Act,' as amended; and (ii) Unless sooner disqualified pursuant to subsection (e) of Code Section 48-57.6, for the eleventh and following years, or at the end of any extension of this period of preferential assessment pursuant to subsection (o) of Code Section 48-57.6, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph."
SECTION 4. Said article is further amended by revising paragraph (3) of subsection (d) of, subparagraph (e)(1)(D) of, and adding a new subsection to Code Section 48-5-7.6, relating to preferential assessment of brownfield property, to read as follows:
"(3) The local taxing authority shall enter upon the tax digest as the basis or value of a parcel of brownfield property a value equal to the lesser of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time application for participation in the Hazardous Site Reuse and Redevelopment Program was submitted to the Environmental Protection Division of the Department of Natural Resources under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended. Property classified as brownfield property shall be recorded upon the tax digest as provided in this Code section for ten consecutive assessment years, or as extended pursuant to subsection (o) of this Code section, unless sooner disqualified pursuant to subsection (e) of this Code section, and the notation 'brownfield property' shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The local taxing authority shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (F) of paragraph (3) of Code Section 48-5-2."
"(D) The later of the expiration of ten years during which the property was classified and assessed as brownfield property or the expiration of this preferential assessment period as extended pursuant to subsection (o) of this Code section; or" "(o)(1) Notwithstanding anything to the contrary in subsections (a) through (n) of this Code section, a qualified brownfield property may be eligible for preferential assessment in accordance with the provisions of subsection (c.4) of Code Section 485-7 for a period not to exceed 15 years under the following circumstances: (A) Construction of improvements on the property commenced but thereafter ceased for a period in excess of 180 days; (B) After a delay in excess of 180 days, construction of improvements on the property resumed; and

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(C) The owner of the qualified brownfield property submits a sworn certification to the county board of tax assessors stating the date on which construction first commenced, the date on which construction ceased, and the date on which construction resumed. (2) Upon receipt of the certification required by subparagraph (C) of paragraph (1) of this subsection, the county board of tax assessors shall extend the period of preferential assessment for one year for each 365 days of construction inactivity for up to a maximum of five consecutive years. Under no circumstances shall the period of preferential assessment exceed 15 consecutive years."

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

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

Representative Smith of the 70th moved that the House agree to the Senate substitute to HB 1102.

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

Abdul-Salaam Y Abrams
Allison E Amerson E 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 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 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 E James Y Jasperse
Jerguson Y Johnson
Jones, J Y Jones, S
Jordan Y Kaiser Y Kendrick E Kidd Y Kirby Y Knight

Y Mayo 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 Y Parsons Y Peake Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall

Y 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 N Stephenson Y Talton Y Tankersley Y Taylor, D Y Taylor, R Y Taylor, T Y Teasley Y Thomas Y Waites
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 Y Crawford

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

Y Lane Y Lindsey Y Long Y Maddox, B Y Maddox, G Y Manning Y Marin Y Martin Y Maxwell

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

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

On the motion, the ayes were 162, nays 3.

The motion prevailed.

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

The Speaker assumed the Chair.

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

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 954

The Committee of Conference on HB 954 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 954 be adopted.

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Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Williams Senator, 19th District

/s/ Doug McKillip Representative, 115th District

/s/ Renee Unterman Senator, 48th District

/s/ Donna H. Sheldon Representative, 105th District

/s/ Cowsert Senator, 46th District

/s/ Doug Collins Representative, 27th District

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 change certain provisions relating to civil and professional penalties for violations of the "Woman's Right to Know Act"; to provide for confidentiality; 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;

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(4.1) Probable gestational age is an estimate made to assume the closest time to which the fertilization of a human ovum occurred and does not purport to be an exact diagnosis of when such fertilization occurred; 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.
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 the pregnancy is diagnosed as medically futile, as such term is defined in Code Section 31-9B-1, or 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.

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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. (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) 'Medically futile' means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth. (4) 'Physician' has the meaning provided by Code Section 31-9A-2. (5) 'Probable gestational age of the unborn child' means what will, in reasonable medical judgment and with reasonable probability, be the postfertilization age of the

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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. (6) '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. (7) 'Unborn child' has the meaning provided by Code Section 31-9A-2.
31-9B-2. (a) Except in the case of a medical emergency or when a pregnancy is diagnosed as medically futile, 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; (2) If a determination of probable gestational age was not made, the basis of the determination that a medical emergency existed or that a pregnancy was diagnosed as medically futile; (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 medically futile pregnancy or 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 the pregnancy was medically futile or 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

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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) The department shall ensure that the names and identities of the physicians filing reports under this chapter shall remain confidential. The names and identities of such physicians shall not be subject to Article 4 of Chapter 18 of Title 50. (d) 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. (e) 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 Code Section 31-9A-6.1, relating to civil and professional penalties for violations of the "Woman's Right to Know Act," as follows:
"31-9A-6.1. (a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall be reported to the Georgia Composite Medical Board for disciplinary action. (b) Any plaintiff seeking relief in the form of civil remedies for a violation of Code Section 31-9B-2 shall produce clear and convincing evidence that the physician determining the probable gestational age of the fetus or the physician whose determination was relied upon was negligent in his or her determination. (c) Any female who solicits or conspires to solicit an abortion who makes a false representation of her age or name shall not have standing to state a claim against any party pursuant to this chapter or Chapter 9B of this title nor shall any agency or instrumentality of the state consider any action related to such claim."
SECTION 5. 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

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

Representative McKillip of the 115th moved that the House adopt the report of the Committee of Conference on HB 954.

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

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

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

N Mayo 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 Y Parrish N Parsons Y Peake Y Powell, A Y Powell, J
Pruett Y Purcell Y Ramsey N Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C

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

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Y Cooke Y Coomer Y Cooper Y Crawford

Y Harrell Y Hatchett Y Hatfield N Heard

Y Manning N Marin Y Martin Y Maxwell

Y Rogers, T Y Rynders Y Scott, M N Scott, S

E Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 106, nays 59.

The motion prevailed.

Representatives Pruett of the 144th and Stephens of the 164th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

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

A BILL TO BE ENTITLED AN ACT

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 Bartow County; authorizing the conveyance of certain state owned real property located in Bibb County; authorizing the conveyance of certain state owned real property located

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in Carroll County; authorizing the conveyance of certain state owned real property located in Clay 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 Decatur 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 located in Early County; authorizing the conveyance of certain state owned real property located in Floyd County; authorizing the conveyance of certain state owned real property located in Franklin County; authorizing the modification of a ground lease on certain state owned real property located in Gwinnett 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 lease of certain state owned real property located in Polk 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 Richmond 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 White 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

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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 system improvements 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 backup generator; (5) The GEO Group, Inc. will provide enhanced waste-water management services at no cost to Baldwin State Prison from those system improvements and maintain the sewer line extension for the duration of the lease, and at the end of the lease ownership of the system improvements 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 Bartow County, Georgia; (2) Said real property is all that parcel or tract lying and being in the 4th District, 3rd Section of Bartow County and is more particularly described as a total of approximately 1.68 acres in a deed dated January 13, 1940, recorded in Deed Book 76, Folio 265 in the Office of the Clerk of Superior Court of Bartow County, a copy of which is on file as Real Property Record #00069 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 State Forestry Commission and was the Cartersville District Office; (4) The State Forestry Commission has determined that the building has outlived its economic life, and has combined the Cartersville District Office with the Cherokee District office in a new location in Bartow County, which will result in budgetary savings with minimal impact of service to the counties; (5) By letter dated January 26, 2012, the Commissioner of the State Forestry Commission advised a resolution will be sought of the State Forestry Commission at its March 20, 2012, meeting to declare the Cartersville District Office improved property surplus to its needs and request authorization for the conveyance of the property in the 2012 legislative session of the Georgia General Assembly; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is 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 under 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 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;

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(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 a certain parcel of real property located in Clay County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lot 238, District 5 of Clay County and is more particularly described as a one acre parcel being recorded in a deed dated January 24, 1963 in Deed Book S, Folio 109 in the Office of the Clerk of Superior Court of Clay County, a copy of which is on file as Real Property Record #02922 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 State Forestry Commission and was the Clay County Office; (4) The State Forestry Commission has determined that a building on the property has outlived its economic life, and that closing the office will result in budgetary savings; (5) Clay County is desirous of leasing the property from the State for $10.00 with the stipulation that the property be used for public purpose, and use of the tower to be retained for the State of Georgia/State Forestry Commission; (6) By letter January 26, 2012, from the Commissioner of the State Forestry Commission advised a resolution will be sought of the State Forestry Commission at its March 20, 2012, meeting to declare the Clay County Office improved property surplus to its needs and recommend leasing the property to Clay County for five years with a five-year renewal option for public purpose, and use of the tower to be retained for the State of Georgia/State Forestry Commission, and such letter requested authorization for the leasing of the property to Clay County in the 2012 legislative session of the Georgia General Assembly; and

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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 State 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 State Forestry Commission approved a resolution to seek General Assembly approval for fee simple title of the conveyance area and for 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

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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 State 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 State 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 State 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
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Decatur County, Georgia; (2) Said real property is all those parcels or tracts lying and being in the City of Bainbridge, Decatur County, totaling approximately 3.03 acres on a plat of survey entitled "Plat of Survey for Department of Defense, Bainbridge Armory," dated January 19, 1989, prepared by Shad L. Adkinson, Georgia Registered Land Surveyor No. 2254, on file in the offices of the State Properties Commission inventoried as Real Property Record #08252, and being more particularly described as all that parcel or tract being approximately 2.81 acres recorded in a deed dated August 26, 1952, and being described in Deed Book E-6, Page 13 from the City of Bainbridge as grantor to the State of Georgia as grantee for $10.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Decatur County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #00424, and all that parcel or tract being approximately 0.43 of one acre recorded in a deed dated November 9, 1992, and being described in Deed Book L-17, Pages 78-83 from the City of Bainbridge as grantor to the State of Georgia as grantee, recorded in the Office of the Clerk of Superior Court of Decatur County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #08251, as part of an exchange conveying approximately 0.21 of one acre to the city, as recorded in a deed dated November 18, 1992, and being described in Deed Book K-17, Pages 589-593 from the State of Georgia as grantor to the City of Bainbridge as grantee, recorded in the Office of the Clerk of Superior Court of Decatur County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #08252; (3) Said tract or parcel was formerly the site of Bainbridge Armory, now under the custody of the Department of Defense;

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(4) The City of Bainbridge is desirous of acquiring the above-described property for public purpose and agrees to pay $10.00 and retire any outstanding General Obligation bonds due for this property; (5) By letter dated February 9, 2012, the Adjutant General stated that the above-described improved property is surplus to the needs of the department and recommended that the above-described property be conveyed to the City of Bainbridge for the amount of the outstanding General Obligation bonds and no less than $10.00, 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 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 Eastman-Dodge County Regional Development Authority is desirous of acquiring the above-described 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 surplused 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;

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(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; (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 Early County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lots 152 and 129 of the 28th District, City of Blakely, Early County, Georgia, and is more particularly described as approximately 7.2 acres on a survey dated June 15, 1973, prepared by Grady Holman, Jr., County Surveyor of Early County, and on file in the offices of the State Properties Commission and being recorded in a deed dated January 17, 1974, in Deed Book 106, Pages 878-9 from Early County, Georgia, as grantor to the State of Georgia as grantee for $1.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Early County, a copy of which is on file in the offices of the State Properties Commission;

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(3) Said tract or parcel was formerly the site of the Blakely Regional Youth Detention Center, now under the custody of the Department of Juvenile Justice, and on which outstanding General Obligation bonds principal and payments must be satisfied; and (4) The Early County Board of Commissioners is desirous of acquiring the above described property for public purpose; (5) By resolution dated February 23, 2012, the chairperson of the Board of Juvenile Justice stated that the above-described improved property is surplus to the needs of the department; 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
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 A.T. 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;

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(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 Gwinnett County, Georgia; (2) Said property is all that tract or parcel of land lying and being in Lot 13 of the 7th District of Gwinnett County containing approximately 2.212 acres and operated as Creative Enterprises, Inc., as described in that 25 year lease with the State of Georgia dated July 28, 1995 ("the lease"), a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #08649, and being more particularly described in a survey prepared by the Gwinnett County Engineering Department, more particularly William F. Rolander, Georgia Registered Land Surveyor No. 2042, dated April 18, 1977, recorded at Plat Book 6, Page 266, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #06392, and being more particularly described in a deed dated April 19, 1977, and being described in Deed Book 1366, Page 321 from Gwinnett County as grantor to the State of Georgia as grantee for $10.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Gwinnett County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #06392; (3) The above-described property is under the custody of the Georgia Department of Labor; (4) Creative Enterprises, Inc., is desirous of amending the term of the lease to expire July 28, 2037, to provide Creative Enterprises, Inc., the ability to make application for Community Development Block Grants (CDBG) that will fund necessary repairs and improvements to the facility, at no additional cost to the state; (5) Creative Enterprises, Inc., will continue to provide training and employment services to individuals with disabilities, including vocational and work evaluations, work adjustment, job placement, social and personal adjustment services, community access group, community access individual, and prevocational services; (6) By a letter dated February 20, 2012, the Commissioner for the Georgia Department of Labor recommends extending term of the lease to expire July 28, 2037; 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 all that parcel or tract lying and being Lot No. 85 of the 11th District of Habersham County and is more particularly described as approximately 3.91 acres on a plat dated September 20, 1918, a copy of which is on file as Real Property Record #00731 in the offices of the State Properties Commission, and being recorded in a deed dated December 7, 1943, and recorded in Deed Book VIII, Pages 452-462 in the Office of the Clerk of Superior Court of Habersham County, a copy of which is on file as

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Real Property Record # 02804 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 Technical College System of Georgia and is formerly known as "The Presidents House" at North Georgia Technical College; (4) The State Board of the Technical College System of Georgia on February 2, 2012, declared this property surplus to its needs; 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, 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 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;

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(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 Macon County, Georgia; (2) Said real property is all that parcel or tract lying and being in the City of Montezuma, Macon County, and is more particularly described as approximately five acres on a plat recorded in Plat Book S, Page 359, recorded in the Office of the Clerk of Superior Court of Macon County and on file in the offices of the State Properties Commission inventoried as Real Property Record # 07371, and being recorded in a deed dated April 27, 1957, Deed Book 3-R, Folio 149 from T. F. Nelson as grantor to the State of Georgia as grantee for $1.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Macon County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #00921; (3) Said tract or parcel was formerly the site of Montezuma Armory, now under the custody of the Department of Defense; (4) The City of Montezuma is desirous of acquiring the above-described property for public purpose; (5) By letter dated January 31, 2012, the Adjutant General stated that the abovedescribed improved property is surplus to the needs of the department and requested that the above-described property be conveyed for the amount of the outstanding General Obligation bonds or no less than $10.00, so long as the property is to be used for public purpose and payment of applicable outstanding General Obligation bonds and interest; 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;

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(3) The above-described property is under the custody of the State Forestry Commission and was the Madison Subunit; (4) The State 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 State Forestry Commission to keep personnel and equipment at that location at no cost other than those associated with the State 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; (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

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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; (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 State Forestry Commission and was the Montgomery Subunit; (4) The State Forestry Commission has determined that a building constructed in 1971 on the property has outlived its economic life, and that closing the Montgomery Subunit 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 State 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;

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(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; (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 Muscogee County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lot 34 of the 9th Land District, Muscogee County, and is more particularly described as a total of approximately 3.1 acres, more particularly described on a plat of survey entitled "Boundary Line Plat of Survey prepared for State of Georgia (State Forestry Commission)" dated October 28, 1970, and prepared by the Muscogee County Engineer and being recorded as Real Property Record #05084 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 State Forestry Commission; (4) The State Forestry Commission is consolidating its activities around this state and has determined that the activities performed at the above-described property should be consolidated with the Harris-Talbot County location; (5) The State Forestry Commission declared the improved property surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Polk County, Georgia;

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(2) Said real property is all that parcel or tract lying and being in Land Lots 733, 734, 779, and 780 of the 2nd Land District of the 4th Section of Polk County and is more particularly described as 12 acres on a plat of survey in Plat Book N, Page 130, and recorded in a deed dated June 22, 1989, in Deed Book 415, Page 543 in the Office of the Clerk of Superior Court of Polk County, a copy of which is on file as Real Property Record #07819 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 Department of Corrections and was the site of the Cedartown State Prison, which has since been closed and on which outstanding General Obligation bonds principal and payments must be satisfied; (4) Department of Corrections has determined that a prison will not be operated at this site and the above-described property will no longer be needed by the Department, and the Board of Corrections declared the improved property surplus to its needs; (5) The City of Cedartown conveyed the property to the State for $1.00; (6) The Otis Nixon Foundation is a nonprofit organization aligned with the Department's Re-Entry programs for job placement and treatment of inmates released from state correctional facilities; (7) The Otis Nixon Foundation is desirous of leasing the property from this state for good and valuable consideration as determined by the State Properties Commission, including the provision of job placement and treatment services of former inmates for the Department of Corrections; 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 State Forestry Commission and was the Quitman County office of the Stewart Subunit; (4) The State Forestry Commission on October 29, 2011, declared the property surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; (2) Said real property is all those parcels or tracts lying and being in the City of Augusta, Richmond County, totaling approximately 0.28 of one acre on a plat of survey entitled "TELFAIR ST., SURVEY FOR STATE OF GEORGIA, 2 LOTS KNOWN AS 424 9TH

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ST AND 909-911 TELFAIR ST" dated June 24, 1961, prepared by Ralph A. Bennitt, Jr., Georgia Registered Land Surveyor No. 3177, on file in the offices of the State Properties Commission inventoried as Real Property Record #02822, and being more particularly described as all that parcel or tract being approximately 0.2197 of one acre recorded in a deed dated June 30, 1961, and being described in Deed Book V, Pages 41-49 from Wilmington Finance Co., Inc., as grantor to the State of Georgia as grantee for $86,500.00, recorded in the Office of the Clerk of Superior Court of Richmond County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #02822, and all that parcel or tract being approximately 0.0584 of one acre recorded in a deed dated June 30, 1961, and being described in Deed Book V, Pages 41-49 from Edgar E. Murrah as grantor to the State of Georgia as grantee for $15,000.00, recorded in the Office of the Clerk of Superior Court of Richmond County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #02822; (3) Said property is under the custody of the Technical College System of Georgia and was a library service for the blind known as Talking Books in Augusta; (4) By resolution dated February 2, 2012, the State Board of the Technical College System of Georgia declared this property surplus to its needs; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 16.47 acres and is the lessee of a certain 5.80 acre parcel leased from Augusta-Richmond County located in Richmond County, Georgia; (2) Said real property is all those parcels or tracts lying and being in the 87th Georgia Militia District, City of Augusta, Richmond County, totaling approximately 16.47 state owned acres on file in the offices of the State Properties Commission inventoried as Real Property Records #09278 through 09286, 10331, 09672, 09285, and 09109; and any assignable leasehold interest in the 5.8 acre lease; as shown on a plat of survey entitled "SURVEY FOR GEORGIA GOLF HALL OF FAME" dated April 15, 1997, prepared by Cranston, Robertson and Whitehurst, P.C., and recorded in the Office of the Clerk of Superior Court of Richmond County at Realty Reel 537, Page 710, a copy of which is on file in the offices of the State Properties Commission inventoried as State Properties Commission Record 838.15; (3) Said property is under the custody of the State Properties Commission of Georgia and is formerly known as the Georgia Golf Hall of Fame; (4) The Board of Regents of the University System of Georgia, an institution of the State of Georgia in accordance with O.C.G.A. 20-3-20, in March, 2012, approved the acquisition of this property from the State of Georgia, acknowledged that this state previously issued General Obligation bonds for the purpose of financing some or all of the facilities, and the board acknowledged that it shall not take, nor fail to take, any action which would cause such tax exempt bonds to be deemed private activity bonds or arbitrage bonds under the tax code and shall not use the property for any

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nongovernmental purpose, or any purpose that would give rise to private business use, within the meaning of the tax code; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; (2) Said real property is all that parcel or tract lying and being in Georgia Militia District 123, known as Circular Court, Richmond County, Georgia, and is more particularly described as approximately 7.4 acres on a survey dated July 20, 1966, prepared by Clarence Jones, 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 the Old Augusta Regional Youth Detention Center, now under the custody of the Department of Juvenile Justice; (4) The consolidated government of Augusta-Richmond County is desirous of acquiring the above-described property for public purpose; (5) The Commissioner of the Department of Juvenile Justice stated by letter that the above-described improved property is surplus to the needs of the department and will recommend to the Board of Juvenile Justice that the above-described property be approved as surplus; 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;

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(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 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

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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; (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 White County, Georgia; (2) Said real property is all that parcel or tract lying and being Land Lot 130 of the 3rd District of White County and is more particularly described as approximately 27 acres on a plat dated December, 1967, as prepared by Farley Collins, Georgia registered land surveyor, and recorded in Plat Book 3, Page 117 on May 6, 1968, in the Office of the Clerk of Superior Court of White County, a copy of which is on file as Real Property Record #06445 in the offices of the State Properties Commission and being recorded in a deed dated June 13, 1968, and recorded in Deed Book XII, Pages 161-162 in the Office of the Clerk of Superior Court of White County, a copy of which is on file as Real Property Record #03924 in the offices of the State Properties Commission; (3) Said property is under the custody of the Department of Natural Resources and is part of Outdoor Therapeutic Center, White County; (4) The State Board of Natural Resources on February 29, 2012, declared this property surplus to the needs of the department; 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;

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(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 wastewater system improvements for use by Riverbend Prison, and, for only maintenance cost of the new equipment, additional use by Baldwin State Prison for the term of the lease, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
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 Bartow County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 7. That the above-described property may be conveyed by appropriate instrument by the

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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 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 Bartow County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 11. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.
ARTICLE III SECTION 12.
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 13. 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 14. 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 15. 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 16. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 17. That custody of the above-described property interest shall remain under the Georgia Department of Economic Development until the property is conveyed.
ARTICLE IV SECTION 18.
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 19. 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 20. 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 21. 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 22. 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.
SECTION 23. That custody of the above-described property interest shall remain under the Georgia Department of Natural Resources until the property is conveyed.
ARTICLE V SECTION 24. That the State of Georgia is the owner of the above-described real property in Clay 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 25. That the above-described property may be leased to Clay County by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for an initial term of five years with a five-year renewal term, and the consideration for such lease shall be $10.00, the use of the tower shall retained for the State of Georgia and the State Forestry Commission, and the requirement that the property be used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 26. That the authorization in this resolution to lease the above-described property interest shall expire three years after the date that this resolution becomes effective.
SECTION 27. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 28. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Clay County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 29. That custody of the above-described property interest shall remain under the State Forestry Commission.
ARTICLE VI SECTION 30.

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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 31. 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 32. 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 33. 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 34. 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 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

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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 quitclaim deed the state's interest in the former easement area.
SECTION 35. 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 36. 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 37. 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 38. 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.
SECTION 39. That the authorization to issue the above-described documents shall expire three years after the date this resolution becomes effective.
SECTION 40. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.

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ARTICLE VII SECTION 41.
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 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, 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 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 Coffee 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 Agriculture until the property is conveyed.
ARTICLE VIII SECTION 47.
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.
SECTION 48. 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

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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 easement 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 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 52. That the above-described 0.683 of an acre property shall remain under the custody of the State Forestry Commission until that property is conveyed.
ARTICLE IX SECTION 53. That the State of Georgia is the owner of the above-described real property in Decatur 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, to the City of Bainbridge for a consideration of $10.00 so long as the property is used for public purpose and the payment of outstanding General Obligation bonds and interest or other payments, 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.
SECTION 55. That the authorization in this resolution to convey the above-described property 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.

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SECTION 57. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Decatur County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 58. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed.
ARTICLE X SECTION 59.
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 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, to the EastmanDodge County Regional Development Authority 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.
SECTION 61. That the authorization in this resolution to convey the above-described property shall expire three years after the date 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 Dodge County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 64. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed.

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ARTICLE XI SECTION 65.
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 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.
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 Dougherty 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 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 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 as a sale to the Georgia Department of Transportation for the fair market value and such further

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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 interest 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 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 76. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.
ARTICLE XIII SECTION 77. That the State of Georgia is the owner of the above-described real property in Early County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
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, to the Early County Board of Commissioners for a consideration of $10.00 so long as the property is used for public purpose and the payment of 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.
SECTION 79. That the authorization in this resolution to convey the above-described property 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.

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SECTION 81. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Early County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 82. That custody of the above-described property shall remain under the Department of Juvenile Justice until the property is conveyed.
ARTICLE XIV SECTION 83. 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.
SECTION 84. 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 85. 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 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 Floyd 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 Department of Behavioral Health and Developmental Disabilities until the property is conveyed.
ARTICLE XV SECTION 89.

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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 90. 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 91. That the authorization in this resolution to convey the above-described property 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.
SECTION 93. 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 94. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed.
ARTICLE XVI SECTION 95. That the State of Georgia is the owner of the above-described real property located in Gwinnett 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 96. That the State of Georgia, acting by and through its State Properties Commission, is authorized to amend the term of the lease to expire July 28, 2037, for the consideration of the continuation of services to the public provided by Creative Enterprises, Inc., at no cost to this state, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

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SECTION 97. 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 98. That the amended lease shall be recorded by Creative Enterprises, Inc., as lessee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 99. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

ARTICLE XVII SECTION 100. That the State of Georgia is the owner of the above-described real 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 101. 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 102. 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 103. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 104. 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.

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SECTION 105. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.
ARTICLE XVIII SECTION 106.
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 107. 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 108. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 109. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 110. 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 111. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed.
ARTICLE XIX SECTION 112.
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.

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SECTION 113. 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 114. 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 115. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 116. 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 117. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.
ARTICLE XX SECTION 118. 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 119. 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 Montezuma 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.
SECTION 120. 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 121. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 122. 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 123. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed.
ARTICLE XXI SECTION 124.
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 125. 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 provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 126. 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 127. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 128. 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 129. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.

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ARTICLE XXII SECTION 130.
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 131. 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 132. 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 133. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 134. 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 135. That custody of the above-described property interest shall remain under the Department of Juvenile Justice until the property is conveyed.
ARTICLE XXIII SECTION 136.
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 137. 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

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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 138. 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 139. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 140. 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 141. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.
ARTICLE XXIV SECTION 142.
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 143. 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 144. 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 145. 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 146. 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 147. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.
ARTICLE XXV SECTION 148.
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 149. 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 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 150. 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 151. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 152. 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 153. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.
ARTICLE XXVI SECTION 154.

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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 155. 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 156. 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 157. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 158. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 159. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.
ARTICLE XXVII SECTION 160. That the State of Georgia is the owner of the above-described real property in Polk 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 161. That the above-described improved property may be leased for a term of up to ten years by appropriate instrument from the State of Georgia, acting by and through its State Properties Commission, to the Otis Nixon Foundation for good and valuable consideration as determined by the State Properties Commission, including satisfaction of all bond obligations and provision of job placement and treatment services of former inmates for the Department of Corrections and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

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SECTION 162. That the authorization in this resolution to lease the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 163. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease.
SECTION 164. That the ground lease shall be recorded by the grantee in the Superior Court of Polk County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 165. That custody of the above-described property shall remain under the Georgia Department of Corrections during the ground lease term.
ARTICLE XXVIII SECTION 166.
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 167. 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 168. 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 169. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 170. 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.

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SECTION 171. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed.
ARTICLE XXIX SECTION 172. That the State of Georgia is the owner of the above-described real property in Richmond 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 173. 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 174. 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 175. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 176. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 177. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.
ARTICLE XXX SECTION 178. That the State of Georgia is the owner and lessee respectively of the above-described real property in Richmond County and that in all matters relating to the conveyance of the real property or real property interest respectively the State of Georgia is acting by and through its State Properties Commission.

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SECTION 179. 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 Board of Regents of the University System of Georgia 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 180. 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 181. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 182. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 183. That custody of the above-described property interest shall remain under the State Properties Commission of Georgia until the property is conveyed.
ARTICLE XXXI SECTION 184. That the State of Georgia is the owner of the above-described real property in Richmond 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 185. 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 Consolidated Government of Augusta-Richmond County for a consideration of $10.00 so long as the property is used for public purpose, or by competitive bid for fair market value or to a local government or state entity for satisfaction of all bond obligations and other 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 186. 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 187. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 188. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 189. That custody of the above-described property shall remain under the Department of Juvenile Justice until the property is conveyed.
ARTICLE XXXII SECTION 190.
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 191. 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 192. That the authorization in this resolution to sell the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 193. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 194. 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 195. That custody of the above-described properties shall remain under the Department of Corrections until the property is conveyed.

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ARTICLE XXXIII SECTION 196.
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 197. 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 198. 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 199. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 200. 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 201. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed.
ARTICLE XXXIV SECTION 202.
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 203. 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 204. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective.
SECTION 205. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 206. 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 207. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed.
ARTICLE XXXV SECTION 208.
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 209. 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 210. 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 211. 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 212. 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 213. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.
ARTICLE XXXVI SECTION 214.
That the State of Georgia is the owner of the above-described real property in White 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 215. 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 216. 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 217. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 218. That the deed of conveyance shall be recorded by the grantee in the Superior Court of White County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 219. That custody of the above-described property interest shall remain under the Georgia Department of Natural Resources until the property is conveyed.
ARTICLE XXXVII SECTION 220.

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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 221. 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 222. 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 223. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 224. 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 225. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed.
ARTICLE XXXVIII SECTION 226.
That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.
SECTION 227. That all laws and parts of laws in conflict with this resolution are repealed.
Representative Greene of the 149th moved that the House agree to the Senate substitute to HR 1376.
On the motion, the roll call was ordered and the vote was as follows:

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Abdul-Salaam Y Abrams Y Allison E Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles N 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
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 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
Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser N Kendrick E Kidd Y Kirby
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 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 N 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 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 Y Waites Y Watson Y Welch Y Weldon Y Wilkerson Y Wilkinson
Willard Y Williams, A Y Williams, C N Williams, E E Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 158, nays 5.

The motion prevailed.

Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Stephenson of the 92nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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:

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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 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.
The following Senate substitute was read:
A BILL TO BE ENTITLED AN ACT
To provide a short title; to provide a statement of legislative intent; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Social Responsibility and Accountability Act."
SECTION 2. It is the intent of the General Assembly to:
(1) Ensure that TANF funds are ultimately utilized for the intended purpose of alleviating the effects of poverty and are not diverted to illicit drug use; (2) Protect children of poverty by ensuring such funds strengthen family life and reduce the danger that illicit drugs will be introduced into the home environment; (3) Assist adults addicted to drugs to avoid the temptation and restructure their lives by focusing on employment and becoming better parents; and (4) Ensure that the government does not subsidize the public health risk posed by drug use and the associated criminal activities.

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SECTION 3. Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to temporary assistance for needy families, is amended by adding a new Code section to read as follows:
"49-4-193. (a) As used in this Code section, the term '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 (53 C.F.R. 11979, et seq., as amended) or other professionally valid procedures approved by the department; provided, however, that where possible and practicable, a swab test shall be used in lieu of a urinalysis. (b) The department shall adopt rules and regulations for an established drug test which shall include the following:
(1) Which illegal drugs will be the subject of testing; (2) Methods for assuring minimal privacy intrusions during collection of body fluid specimens for such testing; (3) Methods for assuring proper storage, transportation, and handling of such specimens in order to ensure the integrity of the testing process; (4) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results; (5) A list of laboratories qualified to conduct established drug tests; (6) A list of approved substance abuse treatment providers; (7) Procedures for persons undergoing drug testing, prior to the collection of body fluid specimens for such testing, to provide information regarding use of any drug pursuant to a medical prescription or as otherwise authorized by law which may affect the results of such test; (8) A requirement that the test be conducted no later than 48 hours after the application is approved by the department for TANF eligibility. Proof of eligibility from the department shall be issued to the applicant. The applicant shall show proof of eligibility to an authorized test examiner prior to submitting to the test; and (9) A requirement that any applicant who demonstrates proof of active and current Medicaid benefits shall pay a drug screening application fee of no more than $17.00, and no authorized test examiner shall conduct a drug test if an applicant demonstrates active and current Medicaid benefits unless the applicant presents a receipt proving that he or she has paid the required drug screening application fee. Eligible applicants who do not have active and current Medicaid benefits shall be responsible for paying the full cost of administering the drug test upon presentation to an authorized examiner. (c) The department shall require a drug test consistent with subsection (b) of this Code section to screen each individual who applies for assistance. The cost of drug testing shall be the responsibility of the individual tested, provided that the individual does not submit proof of active Medicaid benefits to subsidize the cost of such drug testing pursuant to paragraph (9) of subsection (b) of this Code section. No assistance payment

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shall be delayed because of the requirements of this Code section, and any payments made prior to the department's receipt of a test result showing a failure shall be recoverable. (d) Any recipient of cash assistance under this article who tests positive for controlled substances as a result of a drug test required under this Code section shall be ineligible to receive TANF benefits as follows:
(1) For a first positive result, the recipient shall be ineligible for TANF benefits for one month and until he or she tests negative in a retest; (2) For a second positive result, the recipient shall be ineligible for TANF benefits for three months and until he or she tests negative in a retest; and (3) For a third and each subsequent positive result, the recipient shall be ineligible for TANF benefits for one year and until he or she tests negative in a retest unless the individual meets the requirements of subsection (f) of this Code section. (e) The department shall: (1) Provide notice of drug testing to each individual at the time of application. The notice shall advise the individual that drug testing will be conducted as a condition for receiving TANF benefits and that the individual shall bear the cost of testing. If the individual tests negative for controlled substances, the department shall increase the amount of the initial TANF benefit by the amount paid by the individual for the drug testing. However, if the individual used an active and current Medicaid benefit pursuant to paragraph (9) of subsection (b) of this Code section to subsidize the cost of the test, the individual shall not be eligible for direct TANF reimbursement. The individual shall be advised that the required drug testing may be avoided if the individual does not apply for TANF benefits. Dependent children under the age of 18 are exempt from the drug testing requirement; (2) Require that for two-parent families, one parent shall comply with the drug testing requirement; (3) Require that any teen parent who is not required to live with a parent, legal guardian, or other adult caretaker relative shall comply with the drug testing requirement; (4) Advise each individual to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over the counter medication he or she is taking; (5) Require each individual to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under paragraphs (1) and (4) of this subsection; (6) Assure each individual being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state's need to ensure the reliability of the sample; (7) Specify circumstances under which an individual who fails a drug test has the right to take one or more additional tests; (8) Inform an individual who tests positive for a controlled substance and is deemed ineligible for TANF benefits for one year pursuant to paragraph (3) of subsection (d)

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of this Code section that the individual may reapply for those benefits six months after the date of the positive drug test if he or she meets the requirements of subsection (f) of this Code section; and (9) Provide any individual who tests positive with a list of substance abuse treatment providers approved by the department which are available in the area in which he or she resides. Neither the department nor the state shall be responsible for providing or paying for substance abuse treatment. (f) An individual who tests positive for an illegal drug and is denied TANF benefits for one year may reapply for TANF benefits after six months if the individual can document the successful completion of a substance abuse treatment program offered by a provider approved by the department. An individual who has met the requirements of this subsection and reapplies for TANF benefits shall also pass an initial drug test and meet the requirements of subsection (c) of this Code section. Any drug test conducted while the individual is undergoing substance abuse treatment shall meet the requirements of subsection (b) of this Code section. The cost of any drug testing provided under this Code section and substance abuse treatment shall be the responsibility of the individual being tested and receiving treatment. An individual who fails the drug test required under subsection (c) of this Code section may reapply for TANF benefits under this subsection only once. (g) If a parent is deemed ineligible for TANF benefits as a result of failing a drug test conducted under this Code section: (1) The dependent child's eligibility for TANF benefits shall not be affected; (2) An appropriate protective payee shall be designated to receive benefits on behalf of the child; and (3) The parent may choose to designate another individual to receive benefits for the parent's minor child. The designated individual must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another individual approved by the department. The designated individual shall also undergo drug testing before being approved to receive benefits on behalf of the child. If the designated individual tests positive for controlled substances, he or she shall be ineligible to receive benefits on behalf of the child. (h) The results of any drug test done according to this Code section shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to inspection of public records. Such results shall not be used as a part of a criminal investigation or criminal prosecution. Such results shall not be used in a civil action or otherwise disclosed to any person or entity without the express written consent of the person tested or his or her heirs or legal representative. All such records shall be destroyed and deleted five years after the date of the test. (i) No testing shall be required by the provisions of this Code section for any person whom the department determines is significantly hindered, because of a physical or mental handicap or developmental disability, from doing so or for any person enrolled in an enhanced primary care case management program operated by the Department of Community Health, Division of Medical Assistance to serve frail elderly and disabled

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beneficiaries to improve the health outcomes of persons with chronic health conditions by linking primary medical care with home and community based services. In addition, no testing shall be required by the provisions of this Code section for any individuals receiving or on a waiting list for long-term services and supports through a nonMedicaid home and community based services program or for any individual residing in a facility such as a nursing home, personal care home, assisted living community, intermediate care facility for the mentally retarded, community living arrangement, or host home. (j) The department shall adopt rules to implement this Code section."

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

Representative Harden of the 28th moved that the House agree to the Senate substitute to HB 861.

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

N Abdul-Salaam N Abrams Y Allison E Amerson E Anderson N 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 N Bruce N Bryant N Buckner Y Burns Y Byrd Y Carson Y Carter Y Casas Y Channell Y Cheokas Y Clark, J
Clark, V Y Coleman Y Collins

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

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

N Mayo Y McBrayer Y McCall Y McKillip Y Meadows N Mitchell N Morgan Y Morris N Mosby N Murphy
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 Y Ramsey N Randall Y Reece Y Rice Y Riley Y Roberts Y Rogers, C

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

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Y Cooke Y Coomer
Cooper Y Crawford

Y Harrell Y Hatchett Y Hatfield N Heard

Y Manning N Marin Y Martin Y Maxwell

Y Rogers, T Y Rynders Y Scott, M N Scott, S

E Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 110, nays 56.

The motion prevailed.

Due to a mechanical malfunction, the vote of Representative Taylor of the 55th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

The following Senate substitute was read:

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 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, is amended by revising Code Section 48-7-114, relating to payment of estimated income tax, as follows:
"48-7-114. (a) 'Estimated tax' defined. For purposes of this Code section, the term 'estimated tax' means the amount which the individual estimates as the amount of income tax

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imposed by Code Section 48-7-20 less the amount which the individual estimates as the sum of credits allowable by law against the tax. (b) Requirement of estimated tax. Except as otherwise provided in subsection (d) of this Code section, every resident individual and every taxable nonresident individual shall file his or her estimated tax for the current taxable year if he or she can be reasonably expected to be required to file a Georgia income tax return for the current taxable year and his or her gross income can reasonably be expected to:
(1) Include more than $1,000.00 from sources other than wages as defined in paragraph (10) of Code Section 48-7-100; and (2) Exceed:
(A) One thousand five hundred dollars if the individual is single or the individual is married and not living with his or her spouse or the individual is married and expects to claim only $1,500.00 of the marital exemption; or (B) Three thousand dollars if the individual is married and living with his or her spouse and expects to claim the full marital exemption. (c) Return as estimated tax. If on or before January 31 of the succeeding taxable year or, in the case of an individual referred to in subsection (b) of Code Section 48-7-115, relating to income from farming and fishing, on or before March 1 of the succeeding taxable year, the taxpayer files a return for the taxable year for which the estimated tax is required and pays in full the amount computed on the return as payable and the estimate is not required to be filed during the taxable year but is required to be filed on or before January 15, then the return shall be considered as the estimate. (d) Exemptions. This Code section shall not apply to an individual in a given tax year if: (1) The sum of the allowable credits shown on the individual's income tax return for the tax year exceeds the individual's tax liability shown on the return before the tax liability is reduced by the amount of the allowable credits; and (2) The individual reasonably expected at the time estimated tax was otherwise required to be filed with respect to the tax year that the conditions of paragraph (1) of this subsection would be met for the tax year. (e)(1) Applicability to fiduciaries. With respect to taxable years beginning on or after January 1, 1988, fiduciaries shall be subject to all requirements of this article in the same manner as individuals, except as provided in paragraph (2) of this subsection. (2) This Code section shall not apply with respect to any taxable year ending before the date two years after the date of the decedent's death in the case of: (A) The estate of such decedent; or (B) A testamentary trust as defined in IRC Section 6654(l)(2)(B)."
SECTION 2. Said article is further amended by revising Code Section 48-7-129, relating to withholding tax on distributions to nonresidents, as follows:

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"48-7-129. (a)(1) Any partnership, Subchapter 'S' corporation, or limited liability company which owns property or does business within this state shall be subject to a withholding tax. Such tax shall be withheld from any distributions paid or any distributions credited but not paid to members who are not residents of Georgia a nonresident member's share of taxable income sourced to this state, whether distributed or not, except as provided in subsection (c) of Code Section 48-7-24. For purposes of this Code section, the term 'taxable income sourced to this state' means the entity's income allocated or apportioned to Georgia pursuant to Code Section 487-31 or as otherwise provided by law. (2) The amount of tax to be withheld for each nonresident member shall be determined by multiplying the distribution paid or the distribution credited but not paid nonresident member's share of the taxable income sourced to this state by a rate of 4 percent. To the extent that the partnership, Subchapter 'S' corporation, or limited liability company remits withholding tax during the course of the tax year which exceeds the Georgia income tax liability of a nonresident member, that member shall be entitled to a refund of the excess withholding at the end of the taxable year. (3) Any partnership, Subchapter 'S' corporation, or limited liability company which fails to withhold and pay over to the commissioner any amount required to be withheld under this Code section may be liable for a penalty equal to 25 percent of the amount not withheld and paid over. Any penalty imposed under this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding taxes imposed by this article. (4) The partnership, Subchapter 'S' corporation, or limited liability company and its members shall be jointly and severally liable for the withholding tax liability imposed under this subsection and shall be assessed accordingly. (b)(1) As an alternative to the withholding requirement imposed by subsection (a) of this Code section, the commissioner may allow the filing of composite returns by partnerships, Subchapter 'S' corporations, or limited liability companies on behalf of their nonresident members and may provide for the requirements of filing composite returns by regulation. For purposes of this subsection, the term 'composite return' means a return filed by a partnership, Subchapter 'S' corporation, or limited liability company on behalf of all of its nonresident members which reports and remits the Georgia income tax of the nonresident members. (2) Where a partnership, Subchapter 'S' corporation, or limited liability company chooses to file a composite return and meets all the requirements of filing such composite return, such partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from the withholding requirements imposed under subsection (a) of this Code section. (3) The liability imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as all other withholding taxes imposed by this article.

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(c)(1) If a partnership, Subchapter 'S' corporation, or limited liability company fails to remit withholding for a nonresident member and the commissioner determines that such failure is due to a false representation that the member is a resident of Georgia, there shall be imposed in addition to the tax a penalty of the greater of $250.00 or 5 percent of the amount which should have been withheld. The partnership, Subchapter 'S' corporation, or limited liability company and the nonresident member shall be jointly and severally liable for any such penalty imposed. (2) The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as withholding tax imposed by this article. (d)(1) Every partnership, Subchapter 'S' corporation, or limited liability company which is required to deduct and withhold the withholding tax imposed by subsection (a) of this Code section shall remit such tax and file the required return on a form approved by the commissioner as follows:.
(A) Taxes deducted and withheld on distributions paid by a partnership, Subchapter 'S' corporation, or limited liability company to members who are nonresidents shall be due on or before the last day of the calendar month following the calendar month within which the distribution was paid; and (B) Taxes deducted and withheld on distributions credited but not paid by a partnership, Subchapter 'S' corporation, or limited liability company to members who are nonresidents a nonresident member's share of the taxable income sourced to this state shall be due on or before the due date for filing the income tax return for the partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (2) Every partnership, Subchapter 'S' corporation, or limited liability company required to deduct and withhold tax under this article shall furnish a written statement or form approved by the commissioner to each nonresident member. Such statement or form shall include the name and federal tax identification number of the partnership, Subchapter 'S' corporation, or limited liability company, the member's name and federal tax identification number, the total amount of distributions paid to the member the nonresident member's share of the taxable income sourced to this state during the taxable year, the total amount of tax deducted and withheld with respect to such member during the year, and such other information as the commissioner shall prescribe. Such statement or form shall be furnished to the nonresident member and filed in duplicate with the commissioner on or before the earlier of the date the income tax return is filed or the due date for filing the income tax return of such partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (3) Any partnership, Subchapter 'S' corporation, or limited liability company required to furnish a nonresident member with the written statement required by this subsection which furnishes a false or fraudulent statement or which fails to furnish the

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statement shall be subject to the penalty contained in subsection (d) of Code Section 48-7-126. The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding tax imposed by this article. (e)(1) Notwithstanding subsection (a) of this Code section, a partnership, Subchapter 'S' corporation, or limited liability company shall not be required to deduct and withhold tax for a nonresident member if:
(A) A composite return is filed on behalf of nonresident members pursuant to the requirements of filing such composite returns as set by the commissioner; (B) The aggregate annual distributions made to a member are amount of a nonresident member's share of the taxable income sourced to this state is less than $1,000.00; (C) A federally chartered Subchapter 'S' corporation fails to meet the requirements of subparagraph (b)(7)(B) of Code Section 48-7-21 and is therefore required to remit corporate income tax; (D) Compliance will cause undue hardship on the partnership, Subchapter 'S' corporation, or limited liability company, provided that no partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from complying with the withholding requirements imposed under subsection (a) of this Code section unless the commissioner approves in writing a written petition for exemption from the withholding requirements based on undue hardship. The commissioner may prescribe the form and contents of such a petition and specify standards for when a partnership, Subchapter 'S' corporation, or limited liability company shall not be required to comply with the withholding requirements due to undue hardship; (E) The partnership is a publicly traded partnership as defined in Section 7704 of the Internal Revenue Code of 1986; or (F) The member meets one of the exceptions as set forth in the rules and regulations promulgated by the commissioner. (2) Where distributions paid or distributions credited but not paid, or both, to nonresident members of partnerships, Subchapter 'S' corporations, or limited liability companies are a nonresident member's share of the taxable income sourced to this state is subject to withholding under other provisions of Georgia law or represent a return of such member's investment or a return of capital, such distributions amount shall not be subject to withholding under subsection (a) of this Code section. (f) The commissioner shall be authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 2 of this Act shall be applicable to all taxable years beginning on or after January 1, 2012.

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

Representative Knight of the 126th moved that the House agree to the Senate substitute to HB 965.

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

Y Abdul-Salaam Y Abrams Y Allison E Amerson E 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 N 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 Y Henson Y Hightower Y Hill Y Holcomb Y Holmes Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J
Jones, S Jordan Y Kaiser Y Kendrick E Kidd Y Kirby 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 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 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 Y Waites Y Watson Y Welch
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 motion, the ayes were 164, nays 1.

The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 203

The Committee of Conference on SB 203 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 203 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Charlie Bethel Senator, 54th District

/s/ J. Shaw Representative, 176th District

/s/ Shafer Senator, 48th District

/s/ John Meadows Representative, 5th District

/s/ G. G. G. Senator, 7th District

/s/ Richard H. Smith Representative, 131st District

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

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be retained on any subject of insurance; to provide for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance; to provide for changes to license requirements for certain resident independent adjusters; to add certain nonresident independent adjuster license requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Geogia Annotated, relating to insurance, is amended by revising Chapter 16 of Title 33, relating to farmers' mutual fire insurance companies, as follows:
"CHAPTER 16
33-16-1. This chapter applies only to domestic farmers' mutual fire insurance companies.
33-16-2. (a) 'Domestic farmers' mutual fire insurance companies' are companies organized for the purpose of insurance on the assessment or cooperative plan insuring property against loss or damage by fire, lightning, windstorm, extended coverage, and hail, and for all, or either any, of such purposes. (b) Domestic farmers' mutual fire insurance companies may write insurance against said hazards on such property risks as their charter and bylaws may provide.
33-16-3. (a) Twenty or more persons a majority of whom are citizens of this state may become a body corporate for the purpose of transacting insurance upon the farmers' mutual fire insurance plan as defined in Code Section 33-16-2 by making an application for a charter signed by the persons applying for the charter or their counsel in triplicate specifying:
(1) The name of the proposed corporation. The name shall contain the words 'Farmers' Mutual' and shall not be so similar to any name already used by any other corporation authorized to transact business in this state as to be confusing or misleading; (2) The purpose for which the corporation is formed; (3) The name of the county in this state in which the corporation will have its principal office and the names of any other contiguous counties in which it proposes to operate; (4) The name and address of each incorporator;

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(5) The names and addresses of those composing the board of directors of the corporation in which the management shall be vested until the first meeting of the members; and (6) Any other provisions not inconsistent with this chapter or other applicable laws as are deemed desirable by the incorporators or as may be required by the Commissioner. (b) The corporate charter shall be granted by the Secretary of State as provided in Chapter 14 of this title.
33-16-4. (a) No person shall transact or attempt to transact business as a farmers' mutual fire insurance company unless so authorized by a currently effective certificate of authority issued by the Commissioner. (b) The Commissioner shall not issue or permit to exist any certificate of authority as to any corporation or insurer not currently qualified for such certificate unless it is shown to the satisfaction of the Commissioner that:
(1) It has received bona fide applications from not less than 25 citizens of this state for not less than $100,000.00 of insurance covering farm property located in the county or counties in which it is organized to transact business, which shall not be more than four contiguous counties and those counties which are contiguous to the county of the corporation's or insurer's domicile and with not more than the maximum amount of insurance permitted on a single risk under Code Section 33-16-14 The farmers' mutual fire insurance company maintains the minimum surplus required by subsection (a) of Code Section 33-16-13; (2) It has collected in cash the first payment or premium or assessment required to be paid in advance by each such applicant for its insurance according to the company's bylaws or has received from each such applicant such form of obligation, if any, as may be provided for in the bylaws to cover liability for payment of initial assessments and any future assessments as may be levied The farmers' mutual fire insurance company maintains a security deposit as required by subsection (c) of Code Section 33-16-13; (3) There is on deposit to its credit, in a bank located in the county of its domicile, funds representing a surplus of its assets over its liabilities in the amount of not less than $10,000.00; provided, however, that if such company writes an amount of insurance coverage of $7 million or more, the deposit of funds representing a surplus of its assets over its liabilities shall be an amount not less than $30,000.00 The farmers' mutual fire insurance company has submitted an acceptable business plan to the Commissioner that includes, but is not limited to, two-year financial projections and supporting assumptions reflecting expected premiums and losses, counties where the farmers' mutual fire insurance company intends to insure property, and the contingent liability, if any, of its members; (4) At the time of filing the petition for a charter as required under Code Section 3316-3, the organizers of the proposed company have filed with the Commissioner a

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qualified bond in the sum of $5,000.00 with good and sufficient security, subject to the Commissioner's approval. The bond shall be conditioned for the prompt return to members of all money collected from them in advance and for payment of all indebtedness of the company if the organization of the company is not completed within two years after the date of the granting of the charter; and (5)(4) It must otherwise be in compliance with the requirements of this chapter. (c) Any proposed changes to a farmers' mutual fire insurance company's plan of operation subsequent to licensure pursuant to this chapter, including but not limited to geographical expansion, shall be filed and approved in advance by the Commissioner.
33-16-5. Farmers' mutual fire insurance companies shall pay no annual fees or charges other than an annual license fee as provided in Code Section 33-8-1.
33-16-6. In companies organized under this chapter, the number of directors shall be not less than three. A majority of the board of directors shall be a quorum for the transaction of business. No person shall be or act as a director of the insurer who does not have currently effective insurance in force in the insurer.
33-16-7. The board of directors of a farmers' mutual fire insurance company may, at any time, borrow such sum or sums of money as they may deem necessary to pay its losses, accrued or unaccrued, and may pledge the assets of the company including the contingent liability of policyholders for the losses as security for the loan.
33-16-8. (a) The bylaws shall state the time and manner of the levy and payment of all premiums or assessments for all insurance written by the company. (b) The bylaws shall also fix the liability of the policyholders for all losses accrued while the policies are in force, in addition to the regular premium or assessment of the policyholders, and the time and manner of payment of such liability. (c) The bylaws may be amended and any such amendment shall be filed with the Commissioner within at least 30 days after prior to its adoption. (d) The bylaws may contain provisions for the exclusion of any member of the company who refuses or neglects to pay his or her assessment or for any other reasons satisfactory to the directors to be excluded from the insurer.
33-16-9. The portion of the bylaws which affects the insuring agreement shall be contained in the policy. Each policy issued by the insurer shall contain a statement of the contingent liability, if any, of its members.

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33-16-10. The companies may provide in the policy that officers and agents elected by them do not have the power to waive any provision of the bylaws.
33-16-11. An annual meeting of such company shall be held at such a time as is fixed in the bylaws of the company. Special meetings may be held for such purposes and in such manner as may be specified in the insurer's bylaws, consistent with this chapter. All such meetings shall be held in the insurer's county of domicile or other location in this state that is convenient for its membership and specified in the insurer's bylaws. Notice of such meeting shall be mailed or otherwise given to each member not less than 20 days in advance of the meeting, and notice of any special meeting called by the board of directors shall be given in writing not less than ten days in advance stating the purpose of the meeting so called.
33-16-12. Each policyholder in a farmers' mutual fire insurance company shall be entitled to only one vote in all policyholders' meetings. No voting by proxy shall be permitted unless it is specially authorized in the bylaws and approved by the Commissioner.
33-16-13. A farmers' mutual fire insurance company shall not issue policies of insurance or otherwise insure property located in any county in this state other than the county in which it has its home office as specified in its original charter and in any other contiguous county (a) The amount of minimum surplus required for each farmers' mutual fire insurance company shall be determined on an individual basis; however, no farmers' mutual fire insurance company shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $150,000.00 in surplus. (b) Minimum surplus of up to $150,000.00 shall be maintained in any of the following:
(1) Cash; (2) Certificates of deposit or similar certificates or evidence of deposits in banks or trust companies but only to the extent that the certificates or deposits are insured by the Federal Deposit Insurance Corporation; or (3) Savings accounts, certificates of deposit, or similar certificates or evidence of deposit in savings and loan associations and building and loan associations but only to the extent that the same are insured by the Federal Savings and Loan Insurance Corporation. (c) A portion of the minimum surplus, in an amount determined by the Commissioner, must be deposited with this state prior to the issuance of the certificate of authority. Chapter 12 of this title shall apply to the deposit required by this subsection. (d) Any additional surplus in excess of $150,000.00 required by the Commissioner pursuant to subsection (a) of this Code section may be provided and maintained in any of the following:

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(1) Any eligible investments of minimum capital or surplus authorized by Code Section 33-11-5; or (2) Any other investments approved by the Commissioner that do not impair the financial solvency of the farmers' mutual fire insurance company. 33-16-14. (a) The maximum amount of insurance that a farmers' mutual fire insurance company may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire shall not exceed the amount prescribed in the following schedule: 10 percent of its surplus.

Amount of Insurance in Force

Maximum Risk

$ 100,000 but less than $ 250,000............................................................- $ 5,000

250,000 but less than 400,000 .............................................................- 5,000

400,000 but less than 600,000 .............................................................- 5,000

600,000 but less than 900,000 .............................................................- 5,000

900,000 but less than 1,200,000 .............................................................- 6,000

1,200,000 but less than 1,500,000 .............................................................- 7,500

1,500,000 but less than 2,000,000 .............................................................- 10,000

2,000,000 but less than 2,500,000 .............................................................- 12,500

2,500,000 but less than 3,000,000 .............................................................- 15,000

3,000,000 but less than 3,500,000 .............................................................- 17,500

3,500,000 but less than 7,000,000 .............................................................- 35,000

7,000,000 and over ......................................................................................- 50,000
(b) The classification of all risks in the above schedule and the percentage given in each shall be uniformly fixed and governed by the bylaws of the insurer. (c) In determining the amount at risk and retained by the insurer, any valid and applicable reinsurance authorized shall be deducted from the gross amount of risk directly assumed by the insurer.

33-16-15. A farmers' mutual fire insurance company shall not accept reinsurance of the risk of any other insurer.

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33-16-16. No member of such insurer shall be liable to assessment to pay losses and expenses accruing prior to the time his policy became effective nor for losses and expenses accruing after termination or expiration of the policy.
33-16-17. Companies organized under this chapter may bring and defend actions in the name under which they are doing business.
33-16-18. Every farmers' mutual fire insurance company shall, on or before March 1 of each year, make and file with the Commissioner an annual statement of its business as of December 31 of the preceding year, on the form prescribed by the Commissioner.
33-16-19. The Commissioner shall at least once in five years, or as often as he or she deems necessary, examine farmers' mutual fire insurance companies. The costs of the examination shall be paid by the company.
33-16-20. Any company organized under this chapter shall be exempt from all taxes, costs, and fees, including those listed in Chapter 8 of this title, except as expressly provided in this chapter and except taxes payable upon real and personal property owned by the company.
33-16-21. In addition to this chapter, farmers' mutual fire insurance companies shall be subject to the following chapters of this title to the extent so applicable: Chapters 1, 2, 5, 6, 12, and 37, and Article 1 of Chapter 11 of this title.
33-16-22. Any company organized under this chapter may be converted into a mutual insurance company by complying with the applicable provisions of Chapter 14 of this title."
SECTION 2. Said title is further amended by revising subsection (a) of Code Section 33-23-12, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjustors, as follows:
"(a) Except as provided in subsection (b) of this Code section for credit insurance licenses, subsection (c) of this Code section for rental companies, and subsection (d) of this Code section for communications equipment portable electronics, the Commissioner may provide by rule or regulation for licenses which are limited in scope to specific lines or sublines of insurance."

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SECTION 3. Said title is further amended by revising subsection (d) of said Code Section 33-23-12, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjuster, as follows:
"(d)(1) As used in this subsection, the term: (A) 'Customer' means a person who purchases portable electronics or services. (B) 'Enrolled customer' means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. (C) 'Location' means any physical location in the State of Georgia or any website, call center site, or similar location directed to residents of the State of Georgia. (D) 'Portable electronics' 'communications equipment' means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other similar devices or and their accessories used to originate or receive communications signals or service for individual customer use only and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. (E) 'Portable electronics insurance' means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. Such term shall not include a service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property in cases of operational or structural failure due to a defect in materials, workmanship, accidental damage from handling power surges, or normal wear and tear. (F) 'Portable electronics transaction' means the sale or lease of portable electronics by a vendor to a customer or the sale of a service related to the use of portable electronics by a vendor to a customer. (G) 'Supervising entity' means a business entity that is a licensed insurer, or insurance producer that is authorized by licensed insurer, to supervise the administration of a portable electronics insurance program. (H) 'Vendor' means a person in the business of engaging in portable electronics transactions directly or indirectly.
(2) The Commissioner commissioner may issue to a retail vendor of communications equipment portable electronics that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance policies covering only the loss, theft, mechanical failure, or malfunction of or damage to communications equipment portable electronics insurance policies. (3) A limited license issued under this subsection shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to customers at each location where the vendor engages in portable electronics transactions. (4) The supervising entity shall maintain a registry of vendor locations that are authorized to sell or solicit portable electronics insurance coverage in this state. Upon

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request by the commissioner and with ten days notice to the supervising entity, the registry shall be open to inspection and examination by the commissioner during regular business hours of the supervising entity. (3)(5) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for communications equipment portable electronics by the retail vendor. (6) At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer which:
(A) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services; (B) Summarize the material terms of the insurance coverage, including:
(i) The identity of the insurer; (ii) The identity of the supervising entity; (iii) The amount of any applicable deductible and how it is to be paid; (iv) Benefits of the coverage; and (v) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with a similar make and model or with reconditioned or nonoriginal manufacturer parts or equipment; (C) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and (D) State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium. (7) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers. Coverage under portable electronics insurance shall be primary to any other insurance. (8) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program. (9) Notwithstanding any other provision of law, employees or authorized representatives of a vendor of portable electronics shall not be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage but may receive compensation for activities under the limited license which are incidental to their overall compensation. (10) The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services, shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly

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and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account, provided that the vendor is authorized by the insurer to hold such funds in an alternative manner and remits such amounts to the supervising entity within 60 days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. Vendors may receive compensation for billing and collection services. (4)(11) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for such limited license or licenses in a form and manner prescribed by the Commissioner. The application shall provide:
(A) The name, residence address, and other information required by the Commissioner of an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subsection; (B) If the vendor derives more than 50 percent of its revenue from the sale of portable electronics insurance, the information required by subparagraph (A) of this paragraph for all officers, directors, and shareholders of record having beneficial ownership of 10 percent or more of any class of securities registered under the federal securities law; and (C) The location of the applicant's home office. (12) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this Code section, provided that the supervising entity supervises the administration of (5) Each retail vendor licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of such retail a vendor shall be trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers of communications equipment or service. The training required by this subsection may be provided in electronic form. However, if provided in electronic form, the supervising entity shall implement a supplemental education program regarding the portable electronics insurance that is conducted and overseen by a licensed instructor. (6)(13) No prelicensing examination shall be required for issuance of such license. (14) If a vendor or its employee or authorized representative violates any provision of this subsection, the commissioner may impose any of the following penalties: (A) After notice and hearing, fines not to exceed $500.00 per violation or $5,000.00 in the aggregate for such conduct; (B) After notice and hearing, other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this article, including:

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(i) Suspending the privilege of transacting portable electronics insurance pursuant to this subsection at specific business locations where violations have occurred; and (ii) Suspending or revoking the ability of individual employees or authorized representatives to act under the license; (15) Notwithstanding any other provision of law: (A) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the policyholder and enrolled customers with at least 60 days notice; (B) If the insurer changes the terms and conditions, then the insurer shall provide the vendor with a revised policy or endorsement and each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating a change in the terms and conditions has occurred and a summary of material changes; (C) Notwithstanding paragraph (15) of subsection (a) of this Code section, an insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon 15 days notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim; (D) Notwithstanding paragraph (15) of subsection (a) of this Code section, an insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy: (i) For nonpayment of premium; (ii) If the enrolled customer ceases to have an active service with the vendor of portable electronics; or (iii) If the enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within 30 calendar days after exhaustion of the limit. However, if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer; and (E) Where a portable electronics insurance policy is terminated by a policyholder, the vendor shall mail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled customer at least 30 days prior to the termination. (16) Whenever notice or correspondence with respect to a policy of portable electronics insurance is required pursuant to this subsection or is otherwise required by law, it shall be in writing and sent within the notice period, if any, specified within the statute or regulation requiring the notice or correspondence. Notwithstanding any other provision of law, notices and correspondence may be sent either by mail or by electronic means as set forth in this subparagraph. If the notice or correspondence is mailed, it shall be sent to the vendor of portable electronics at the vendor's mailing address specified for such purpose and to its affected enrolled customers' last known

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mailing addresses on file with the insurer. The insurer or vendor of portable electronics, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service. If the notice or correspondence is sent by electronic means, it shall be sent to the vendor of portable electronics at the vendor's electronic mail address specified for such purpose and to its affected enrolled customers' last known electronic mail address as provided by each enrolled customer to the insurer or vendor of portable electronics, as the case may be. For purposes of this paragraph, an enrolled customer's provision of an electronic mail address to the insurer or vendor of portable electronics, as the case may be, shall be deemed as consent to receive notices and correspondence by electronic means. The insurer or vendor of portable electronics, as the case may be, shall maintain proof that the notice or correspondence was sent. (17) Notice or correspondence required by this subsection or otherwise required by law may be sent on behalf of an insurer or vendor, as the case may be, by the supervising entity appointed by the insurer."
SECTION 4. Said title is further amended by adding a new paragraph to subsection (a) of Code Section 33-23-1, relating to definitions, as follows:
"(3.1) 'Automated claims adjudication system' means a preprogrammed computer system designed for the collection, data entry, calculation, and final resolution of property insurance claims used only for portable electronics as defined in paragraph (1) of subsection (d) of Code Section 33-23-12 which:
(A) May only be utilized by a licensed independent adjuster, licensed agent, or supervised individuals operating pursuant to this paragraph; (B) Shall comply with all claims payment requirements of the Georgia Insurance Code; and (C) Shall be certified as compliant with this Code section by a licensed independent adjuster that is an officer of a business entity licensed under this chapter."
SECTION 5. Said title is further amended by revising paragraph (7) of subsection (a) of Code Section 33-23-1, relating to definitions, as follows:
"(7) 'Home state' means Canada, the District of Columbia, and any state or territory of the United States in which an insurance producer or adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer or adjuster."
SECTION 6. Said title is further amended by deleting "or" at the end of paragraph (6) of subsection (b) of Code Section 33-23-1, relating to definitions; by deleting the period at the end of paragraph (7) of such subsection and inserting "; or"; and by adding a new paragraph at the end of such subsection to read as follows:

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"(8) An individual who collects claim information from, or furnishes claim information to, insureds or claimants, who conducts data entry, and who enters data into an automated claims adjudication system, provided that the individual is an employee of a licensed independent adjuster or its affiliate where no more than 25 such persons are under the supervision of one licensed independent adjustor or licensed agent."
SECTION 7. Said title is further amended by adding a new subsection to Code Section 33-23-5, relating to the qualifications and requirements for a license, to read as follows:
"(d) Notwithstanding paragraph (1) of subsection (a) of this Code section, no resident of Canada may be licensed as an independent adjuster pursuant to this Code section or designate Georgia as his or her home state unless such person has successfully passed the adjuster examination and has complied with other applicable portions of this Code section."
SECTION 8. Said title is further amended by revising subsection (h) of Code Section 33-23-16, relating to licensing of nonresidents, as follows:
"(h) Applicants whose home state does not require a license to transact business may be licensed in this state, provided that the applicant takes the examination issued by the Commissioner where required pursuant to this chapter and the applicant submits written documentation from his or her resident state demonstrating the lack of licensing requirement and the state's reciprocity with residents from this state. If the resident state does not license independent adjusters, the independent adjuster shall designate as his or her home state any state in which the independent adjuster is licensed and in good standing."
SECTION 9. Said title is further amended by adding a new subsection to Code Section 33-23-29, relating to nonresident adjusters, to read as follows:
"(f) No resident of Canada may be licensed as a nonresident independent adjuster unless such person has obtained a resident or home state independent adjuster license."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Representative Shaw of the 176th moved that the House adopt the report of the Committee of Conference on SB 203.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 29, 2012

6259

Y Abdul-Salaam Y Abrams Y Allison E Amerson E Anderson Y Ashe Y Atwood Y Baker Y Battles Y Beasley-Teague N 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
Channell Y Cheokas Y Clark, J Y Clark, V Y Coleman
Collins Y Cooke Y Coomer
Cooper Y Crawford

Y Davis Y Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson N Dobbs Y Dollar N Drenner Y Dudgeon Y Dukes Y Dunahoo Y Dutton Y Ehrhart Y England Y Epps, C Y Epps, J Y Evans Y Floyd N 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 Y Harrell Y Hatchett Y Hatfield Y Heard

Y Heckstall Y Hembree N Henson Y Hightower Y Hill Y Holcomb Y Holmes N Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs E James Y Jasperse Y Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan Y Kaiser
Kendrick E Kidd Y Kirby 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
Morgan Morris N 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 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
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 Y Waites Y Watson Y Welch
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 motion, the ayes were 152, nays 9.

The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:

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

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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.

The following Senate amendment was read:

The Senate offers the following amendment:

Amend the House Committee on Judiciary, Non-civil substitute to SB 366 (LC 29 5263S) by revising lines 1 and 2 as follows: To amend Code Section 15-11-66 and Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the disposition of delinquent children and the Department of Juvenile Justice, respectively, so as to change provisions relating to detention of juveniles; to revise restrictions regarding possession of

By inserting between lines 6 and 7 the following: Code Section 15-11-66 of the Official Code of Georgia Annotated, relating to the disposition of delinquent children, is amended by revising subparagraph (b)(2)(B) as follows:
"(B) A child ordered to a youth development center under this paragraph and detained in a secured facility pending placement in the youth development center shall be given credit for time served in the secured facility awaiting placement. On and after July 1, 2013, the maximum number of days that the court may order a child to serve in a youth development center under this paragraph shall be increased to 60 days."

SECTION 1A.

Representative Purcell of the 159th moved that the House agree to the Senate amendment to the House substitute to SB 366.

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

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

Y Davis Dawkins-Haigler
Y Dempsey Y Dickerson Y Dickey Y Dickson Y Dobbs Y Dollar N 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 Y Howard
Hudson Y Hugley

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

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
Stephens, M

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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 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 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

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

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

On the motion, the ayes were 155, nays 4.

The motion prevailed.

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

Mr. Speaker:

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

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.

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

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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 following Senate substitute was read:
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 amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to change certain provisions regarding certain exemptions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, is amended by revising subparagraphs (b)(10)(A) and (b)(10)(B) as follows:
"(10)(A) During the period of July 1, 2010 2012, through June 30, 2012 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2010 2012, through June 30, 2012 2015, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department."

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SECTION 2. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, is amended by revising subparagraph (C) of paragraph (33.1), by deleting "or" at the end of paragraph (90), by deleting the period and adding "; or" at the end of paragraph (91), and by adding a new paragraph to read as follows:
"(C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt at all times from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter. As used in this subparagraph, the term 'qualifying airport' means any airport in this state that has had more than 750,000 takeoffs and landings during a calendar year, and the term 'qualifying airline' shall have the same meaning as set forth in subparagraph (E) of this paragraph." "(92) The sale, use, consumption, or storage of materials, containers, labels, sacks, or bags used for packaging tangible personal property for shipment or sale. To qualify for the packaging exemption, the items shall be used solely for packaging and shall not be purchased for reuse. The packaging exemption shall not include materials purchased at a retail establishment for consumer use."
SECTION 3. This Act shall become effective on July 1, 2012. The definitions of qualifying airport and qualifying airlines in subparagraph (C) of paragraph (33.1) of Code Section 48-8-3 in Section 2 of this Act shall only be applicable to local sales and uses taxes approved after July 1, 2012.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Rice of the 51st offers the following amendment:
Amend the Senate substitute to HB 743 by deleting line 5 and substituting in lieu thereof the following: and use taxes, so as to change certain provisions regarding the exemption for jet fuel; to provide for an exemption for packaging materials; to provide for
By deleting "and applicability" on line 6.
By deleting lines 44 through 47 and substituting in lieu thereof the following: This Act shall become effective on July 1, 2012.
Pursuant to Rule 133, Representative Dickerson of the 95th was excused from voting on HB 743.

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Representative Rice of the 51st moved that the House agree to the Senate substitute, as amended by the House, to HB 743.

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

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

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

N Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb Y Holmes N Holt N Horne Y Houston N Howard
Hudson N Hugley
Jackson Jacobs E James Y Jasperse Y Jerguson N Johnson Y Jones, J N Jones, S Jordan N Kaiser N Kendrick E Kidd Y Kirby Y Knight Y Lane Y Lindsey N 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 N Morgan Y Morris N Mosby N Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal N Pak N 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
Rynders Y 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
Smith, R N Smith, T Y Smyre N 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 N Waites Y Watson Y Welch
Weldon N Wilkerson Y Wilkinson Y Willard Y Williams, A Y Williams, C N Williams, E E Williams, R N Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 89, nays 72.

The motion was lost.

The House has disagreed.

Representative Williams of the 165th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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6265

Representative Rice of the 51st moved that the House reconsider its action in failing to agree to the Senate substitute, as amended by the House, to HB 743.

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

N Abdul-Salaam N Abrams Y Allison E Amerson E Anderson N Ashe Y Atwood N Baker Y Battles N 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 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
Dickerson Y Dickey Y Dickson N Dobbs Y Dollar N Drenner Y Dudgeon N Dukes
Dunahoo Y Dutton Y Ehrhart Y England N Epps, C Y Epps, J N 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

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

N Mayo 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 Y Parrish Y Parsons Y Peake
Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall N Reece Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rynders Y Scott, M N Scott, S

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

On the motion, the ayes were 97, nays 66.

The motion prevailed.

Representative Rice of the 51st moved that the House agree to the Senate substitute, as amended by the House, to HB 743.

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

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N Abdul-Salaam N Abrams Y Allison E Amerson E Anderson N Ashe Y Atwood N Baker Y Battles N 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 Y Clark, J Y Clark, V Y Coleman Y Collins Y Cooke Y Coomer
Cooper N Crawford

Y Davis N Dawkins-Haigler Y Dempsey
Dickerson Y Dickey Y Dickson N Dobbs Y Dollar N Drenner N Dudgeon N Dukes N Dunahoo N Dutton Y Ehrhart Y England N Epps, C Y Epps, J N 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

N Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb Y Holmes N Holt N Horne
Houston N Howard
Hudson N Hugley
Jackson Y Jacobs E James Y Jasperse Y Jerguson N Johnson Y Jones, J N Jones, S
Jordan N Kaiser N Kendrick E Kidd Y Kirby Y Knight Y Lane Y Lindsey N 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 N Morgan Y Morris N Mosby N Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix N Oliver Y O'Neal N Pak N Parent Y Parrish Y Parsons Y Peake
Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall N Reece Y Rice Y Riley Y Roberts N Rogers, C Y Rogers, T Y Rynders Y 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 N Smith, T
Smyre N Spencer N Stephens, M Y Stephens, R N Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T
Teasley N Thomas N Waites Y Watson Y Welch Y Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E E Williams, R Y Williamson Y Yates
Ralston, Speaker

On the motion, the ayes were 95, nays 70.

The motion prevailed.

Representative Cooper of the 41st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The 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:

THURSDAY, MARCH 29, 2012

6267

HB 1114. By Representatives Setzler of the 35th, Golick of the 34th, Ramsey of the 72nd, Pak of the 102nd, Lindsey of the 54th and others:
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.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 416. By Senators Carter of the 1st, Bethel of the 54th and Golden of the 8th:
A BILL to be entitled an Act to amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to authorize the Department of Insurance to develop exchange standards regarding electronic prior authorization drug requests with health care providers; to provide a definition; to provide that facsimiles are not electronic submissions; to provide for standards consistent with the National Council of Prescription Drug Programs; to provide clinical workflow decision support of physician providers; to provide transmission security; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate action thereon:
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.
The following Senate substitute was read:

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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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by repealing in their entirety Code Sections 32-9-13 and 32-914, relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities and the board of directors of the Metropolitan Atlanta Rapid Transit Authority, respectively.

SECTION 2. This Act shall become effective on January 1, 2013, only if an Act providing for the suspension of restrictions on the use of annual proceeds from sales and use taxes by the Metropolitan Atlanta Rapid Transit Authority and reconstituting the board of directors of the Metropolitan Atlanta Rapid Transit Authority is enacted at the 2012 regular session of the General Assembly. Otherwise, this Act shall not become effective and shall stand repealed on January 1, 2013.

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

Representative Jacobs of the 80th moved that the House agree to the Senate substitute to HB 1051.

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

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

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

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

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

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

THURSDAY, MARCH 29, 2012

6269

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

N Dukes Y Dunahoo Y Dutton N Ehrhart Y England N Epps, C Y Epps, J N Evans Y Floyd N Fludd N Frazier
Fullerton Y 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 Howard Hudson
N Hugley Jackson
Y Jacobs E James Y Jasperse Y Jerguson N Johnson Y Jones, J N Jones, S
Jordan Kaiser N Kendrick E Kidd Y Kirby Y Knight Y Lane Y Lindsey N Long N Maddox, B Y Maddox, G Y Manning N Marin N Martin Y Maxwell

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

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

On the motion, the ayes were 98, nays 59.

The motion prevailed.

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:

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.

The following Senate substitute was read:

A BILL TO BE ENTITLED AN ACT

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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 re-appointment of board members; to provide for a method for nonparticipating counties to join the Authority; to provide for per diem payments; to provide for restriction on contracts for professional services; 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; to provide for effective dates; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by revising subsections (a) through (h) of Section 6 as follows:
"(a) The On and after January 1, 2013, the Board of Directors of the Authority shall be reconstituted and composed of 18 11 voting members and one nonvoting member. Four Three members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; five four members shall be residents of DeKalb County with three of the four appointees to be appointed by the local governing body thereof Board of Commissioners of DeKalb County and at least one of such appointees shall be a resident of that portion of DeKalb County lying south of the southernmost corporate boundaries of the City of Decatur and at least one of such appointees shall be a resident of that portion of DeKalb County lying north of the southernmost corporate boundaries of the City of Decatur and the fourth appointee to be appointed by a majority vote of a caucus of mayors of the municipalities located wholly in DeKalb County; three members shall be residents of Fulton County to be appointed by the local governing body thereof, and at least and one of such appointees members shall be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta to be appointed by the local governing body of Fulton County and two of such members shall be residents of that portion of Fulton County lying north of the corporate limits of the City of Atlanta to be appointed by a majority vote of a caucus of mayors of the municipalities of Fulton County lying north of the City of Atlanta; one member shall be the executive director of the Georgia Regional Transportation Authority; and one nonvoting member shall be the planning director of the Department of Transportation. Those board members appointed by a local governing authority as described in this section in office as of January 1, 2013, shall serve initial terms of office as follows: two of the three appointees of the DeKalb County Board of Commissioners, two of the three appointees of the mayor and city council of Atlanta, and one of the two appointees of the caucus of mayors from municipalities lying north of the City of Atlanta shall serve a term of two years, and the remaining appointees shall serve for terms of four years. Each local governing authority or caucus shall designate which board members shall

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serve an initial term of two years no later than November 1, 2012. and that membership position held by a Fulton County resident, appointed by the local governing body of that county, the term of which position expires December 31, 1988, shall, beginning on and after January 1, 1989, be filled by the local governing body of Fulton County appointing a person who is a resident of that portion of Fulton County lying north of the corporate limits of the City of Atlanta; one member shall be a resident of Clayton County to be appointed by the local governing body thereof; and one member shall be a resident of Gwinnett County to be appointed by the local governing body thereof. Four members, representing the State, shall be as follows: the Commissioner of the Department of Transportation who shall be an ex officio member; the State Revenue Commissioner who shall be an ex officio member; the Executive Director of the State Properties Commission who shall be an ex officio member; and the Executive Director of the Georgia Regional Transportation Authority who shall be an ex officio member. The first member who must be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta shall be appointed by the governing body of Fulton County to take office on July 1, 1985, for an initial term ending December 31, 1986. The two members who are DeKalb County residents and appointed by the governing authority thereof and who are added by this paragraph shall each be appointed by the governing body of DeKalb County to take office on July 1, 1985, for an initial term ending December 31, 1986. After the initial terms of those three members added to the Board in 1985, After the initial two-year terms of those five board members described in this subsection, that governing body which appointed the member for that initial term to that office shall appoint successors thereto for terms of office of four years in the same manner that such governing body makes its other appointments to the Board. The initial terms of the four members added in 1976 by the above paragraph shall be as follows: the member from DeKalb County to be appointed by the local governing body of DeKalb County shall be appointed no later than sixty days after the effective date of this subsection for a term ending December 31, 1978, and shall take office immediately upon appointment; the Commissioner of the Department of Transportation, the State Revenue Commissioner and the Executive Director of the State Properties Commission shall become members of the Board on the effective date of this subsection and shall serve while holding their State offices. The Executive Director of the Georgia Regional Transportation Authority shall become a voting member of the Board on the effective date of this sentence and shall serve while holding his or her State office. The planning director of the Department of Transportation shall become a nonvoting member of the Board on the effective date of this sentence and shall serve while holding his or her State office. Except as provided above, all appointments shall be for terms of four years except that a vacancy caused otherwise than by expiration shall be filled for the unexpired portion thereof by the local governing body which made the original appointment to the vacant position, or its successor in office. A member of the Board may be appointed to succeed himself or herself for one four-year term; provided, however, that board

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membership prior to January 1, 2013, shall not be considered in calculating limits on length of service. Appointments to fill expiring terms shall be made by the local governing body prior to the expiration of the term, but such appointments shall not be made more than thirty days prior to the expiration of the term. Members appointed to the Board shall serve for the terms of office specified in this section and until their respective successors are appointed and qualified. (b) Having initially declined membership on the Board and further participation in the Authority, Cobb County may at any time reclaim its membership on the Board and participate further in the Authority as provided in this subsection (b). The local governing body bodies of Clayton, Cobb, and Gwinnett County counties may, any other provision of this Act to the contrary notwithstanding, negotiate, enter into, and submit to the qualified voters of their respective counties Cobb County the question of approval of a rapid transit contract between Cobb County the county submitting the question and the Authority, all in accordance with the provisions of Section 24 of this Act. The local governing body bodies of Cobb County these counties shall be authorized to execute such rapid transit contract prior to the holding of the referendum provided for in said Section 24; provided, however, that such rapid transit contract shall not become valid and binding unless the same is approved by a majority of those voting in said referendum, which approval shall also be deemed approval of further participation in the Authority. Upon approval of such rapid transit contract, Cobb County the county entering into such contract shall be a participant in the Authority, and its rights and responsibilities shall, insofar as possible, be the same as if it had participated in the Authority from its beginning, and the local governing body of Cobb County the county may then appoint two residents of Cobb County the county to the Board of Directors of the Authority, to serve a term ending on the 31st day of December in the fourth full year after the year in which the referendum approving said rapid transit contract was held, in which event the Board of Directors of the Authority shall, subsection (a) of this Section 6 to the contrary notwithstanding, be composed of 16 such additional members. (c) Reserved. (d) Except for the ex officio members of the Board, no Except for the Executive Director of the Georgia Regional Transportation Authority and the planning director of the Department of Transportation, no person shall be appointed as a member of the Board who holds any other public office or public employment except an office in the reserves of the armed forces of the United States or the National Guard; any member who accepts or enters upon any other public office or public employment shall be disqualified thereby to serve as a member. (e) A local governing body may remove any member of the Board appointed by it for cause. No member shall be thus removed unless he or she has been given a copy of the charges against him or her and an opportunity to be publicly heard in his or her own defense in person or by counsel with at least ten days' written notice to the member. A member thus removed from office shall have the right to a judicial review of his the member's removal by an appeal to the superior court of the county of the local

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governing body which appointed him the member, but only on the ground of error of law or abuse of discretion. In case of abandonment of his the member's office, conviction of a crime involving moral turpitude or a plea of nolo contendere thereto, removal from office, or disqualification under subsection (d) hereof, the office of a member shall be vacant upon the declaration of the Board. A member shall be deemed to have abandoned his the member's office upon failure to attend any regular or special meeting of the Board for a period of four months without excuse approved by a resolution of the Board, or upon removal of his the member's residence from the territory of the local governing body which appointed him the member. (f) Each appointed member of the Board, except the Chairman Chairperson, shall be paid by the Authority a per diem allowance, in an amount equal to that provided by Code Section 45-7-21 of the Official Code of Georgia Annotated, as now in effect or as it may hereafter be amended, for each day on which that member attends an official meeting of the Board, of any committee of the Board, or of the Authority's Pension Committee, or Board of Ethics, or Arts Council; provided, however, that said per diem allowance shall not be paid to any such member for more than 130 days in any one calendar year for the Chairperson and 75 days in any one calendar year for other members of the Board. If the Chairman Chairperson of the Board is an appointed member of the Board, the Chairman Chairperson shall be paid by the Authority a per diem allowance in the same amount for each day in which the Chairman Chairperson engages in official business of the Authority, including but not limited to attendance of any of the aforesaid meetings. A member of the Board shall also be reimbursed for actual expenses incurred by that member in the performance of that members member's duties as authorized by the Board. A Board member shall not be allowed employee benefits authorized under Section 8(b). (g) The Board shall elect one of its members as chairman chairperson and another as vice-chairman vice-chairperson for terms to expire on December 31 of each year to preside at meetings and perform such other duties as the Board may prescribe. The presiding officer of the Board may continue to vote as any other member, notwithstanding his the member's duties as presiding officer, if he or she so desires. The Board shall also elect from its membership a secretary and a treasurer who shall serve terms expiring on December 31 of each year. A member of the Board may hold only one office on the Board at any one time. (h) The Board shall hold at least one meeting each month. The Secretary of the Board shall give written notice to each member of the Board at least two days prior to any called meeting that may be scheduled, and said Secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for his giving notice as above. A majority of the total membership of the Board, as it may exist at the time, shall constitute a quorum. On any question presented, the number of members present shall be recorded. By affirmative vote of a majority of the members present, the Board may exercise all the powers and perform all the duties of the Board, except as otherwise hereinafter provided or as limited by its bylaws, and no vacancy on the original membership of the Board, or thereafter, shall impair the power of the Board to act. All

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meetings of the Board, its Executive Committee, or any committee appointed by the Board shall be subject to all provisions, except for Section 2(a), of an Act providing that all meetings of certain public bodies shall be open to the public, approved March 28, 1972 (Ga. L. 1972, p. 575), as now or hereafter amended Chapter 14 of Title 50 of the Official Code of Georgia Annotated."
SECTION 2. Said Act is further amended by revising subsections (a) and (k) of Section 14 as follows:
"(a) Except in the acquisition of unique property which for any reason is unobtainable in the open market, and except as hereinafter otherwise provided, competitive bids shall be secured before any acquisition or disposition of properties by contract or otherwise is made by the Authority, or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance, or for rendering any services to the Authority, acquisitions shall be made from, and contracts awarded to, the lowest responsible bidder, and dispositions of property shall be made to the highest responsible bidder. No acquisition of any unique property unobtainable in the open market shall be made without the express approval of the Board where the amount involved is $25,000.00 or more. Nothing in this Section shall apply to contracts for professional services or to contracts for services of individuals or organizations not employed full time by the Authority but who are engaged primarily in the rendition of personal services and not the sale of goods and merchandise, such as but not limited to the services of attorneys, accountants, engineers, architects, consultants, and advisors; provided, however, that such contracts for professional services where the amount involved is $5,000.00 or more in any one-year period shall be solicited and awarded through a request for proposals following generally accepted government procurement standards or through procedures otherwise required by applicable federal law." "(k) If the Authority issues an invitation to bid pursuant to this Section, and if the Authority then fails to receive at least one bid that conforms to the terms of its invitation for bids and which is also reasonable in price, then the Authority may negotiate an acquisition, disposition or contract where the amount involved is $5,000 or more. No such negotiated acquisition, disposition or contract shall be made without the express approval of the Board and unless the negotiated price is reasonable. Reserved."
SECTION 3. Said Act is further amended by revising subsection (a) of Section 16 as follows:
"(a) The Board shall make provision for a system of financial accounting and controls, audits and reports. All accounting systems and records, auditing procedures and standards, and financial reporting shall conform to generally accepted principles of governmental accounting. Copies of each financial report required under this Section shall be furnished posted on the website of the Authority and notice of such publication shall be delivered by electronic format to each local governing body of each participating local government in the metropolitan area as described in Section 6. All

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financial records, reports and documents of the Authority shall be public records and open to public inspection under reasonable regulations prescribed by the Board."
SECTION 4. Said Act is further amended by revising subsection (c) of Section 17 as follows:
"(c) At the time and in the manner prescribed in subsection (b), insofar as applicable, the Board shall propose and adopt an annual capital improvements budget. The proposed capital improvements budget shall show all capital improvement projects in process of completion, those to be undertaken during the ensuing fiscal year and those anticipated to be undertaken during the ensuing ten years. The proposed capital improvements budget shall show all capital improvement projects completed during the preceding ten years as compared to those capital improvement projects that were planned and budgeted for in the capital improvement budgets from the preceding ten years. The proposed budget shall also show the proposed method of financing each proposed project and the effect thereof on the debt structure of the Authority. After a public hearing the Board shall review its proposed budget and on or before the last day of the fiscal year it shall adopt an annual capital improvements budget for the ensuing fiscal year. No contract for the purchase or construction of any capital improvement project shall be authorized, except to meet a public emergency certified as such by the Board, unless it is included in the annual capital improvements budget; however, the Board may propose and adopt an amendment to the annual capital improvements budget by following the procedure herein prescribed for adopting the original budget."
SECTION 5. Said Act is further amended by revising subsection (i) of Section 25 as follows:
"(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended; provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection, until January 1, 2002. For the period beginning January 1, 2002, and ending June 30, 2002; and for each fiscal year commencing thereafter until December 31, 2008, no more than fiftyfive percent (55%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and for the period beginning January 1, 2009, and ending June 30, 2009, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection;. Such restrictions on the use of annual proceeds from local sales and use taxes shall be suspended through June 30, 2016. Newly unrestricted funds shall be utilized, subject to total funding, to maintain the level

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of service for the transit system as it existed on January 1, 2010. Furthermore, except as had been previously contracted to by the Authority prior to January 1, 2010, no funds newly unrestricted during this suspended period shall be used by the Authority to benefit any person or other entity for any of the following: annual cost-of-living or merit based salary raises or increases in hourly wages; increased overtime due to such wage increases; payment of bonuses; or to increase the level of benefits of any kind. except that if If the Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Metropolitan Atlanta Rapid Transit Overview Committee annually, the original and 14 copies of a report of the findings of a completed management performance audit of the Authority's current operations, which audit that was performed under contract with and at the expense of the Authority, along with any auditor's recommendations based thereon and the auditor's signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary, then for the period beginning January 1, 2003, and ending June 30, 2003, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. For each fiscal year commencing on or after July 1, 2032, no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage, and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980, or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board shall reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but

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exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction, and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of the following costs:
(1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or compliance with any national or state emergencies, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation; and (2) In the case of leases of equipment or facilities that, according to generally accepted principles of accounting, would not be classified as capital leases, payments of rent, and other payments for the property subject to such leases or for the use thereof; provided that any costs for regular maintenance or repair of such equipment or facilities shall not be excluded. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2008, and only if expressly authorized by the board, interest earned on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid transit system; for replacing, repairing, or renovating equipment or other capital assets thereof; or from the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection."
SECTION 6. This Act shall become effective on January 1, 2013; provided, however, that for purposes of making appointments to the Board of Directors of the Authority, Section 1 shall become effective on July 1, 2012, and shall become effective for all other purposes on January 1, 2013.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Jacobs of the 80th moves to amend the Senate substitute to HB 1052 as follows:

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On line 317 replace "on July 1, 2012" with "upon its approval by the Governor or upon its becoming law without such approval".

An amendment by Representative Taylor of the 55th was ruled out of order.

Representative Jacobs of the 80th moved that the House agree to the Senate substitute, as amended by the House, to HB 1052.

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

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

N Davis N Dawkins-Haigler Y Dempsey Y Dickerson Y Dickey Y Dickson N Dobbs N Dollar
Drenner Y Dudgeon N Dukes
Dunahoo N Dutton N Ehrhart Y England N Epps, C Y Epps, J N Evans
Floyd Fludd N Frazier Fullerton Y 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 N Hightower Y Hill N Holcomb Y Holmes Y Holt Y Horne N Houston N Howard
Hudson N Hugley
Jackson Y Jacobs E James Y Jasperse Y Jerguson N Johnson Y Jones, J N Jones, S
Jordan Kaiser N Kendrick E Kidd Y Kirby Y Knight Y Lane Y Lindsey N Long N Maddox, B Y Maddox, G N Manning N Marin N Martin Y Maxwell

N Mayo Y McBrayer N McCall Y McKillip Y Meadows N Mitchell Y Morgan
Morris N Mosby N Murphy Y Neal, J N Neal, Y Y Nimmer Y Nix Y Oliver Y O'Neal Y Pak N Parent Y Parrish Y Parsons Y Peake N Powell, A Y Powell, J N Pruett Y Purcell
Ramsey N Randall N Reece Y Rice Y Riley N Roberts Y Rogers, C Y Rogers, T
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
Smith, R N Smith, T
Smyre N Spencer N Stephens, M Y Stephens, R
Stephenson Y Talton Y Tankersley Y Taylor, D N Taylor, R Y Taylor, T N Teasley N Thomas N Waites Y Watson Y Welch
Weldon N Wilkerson Y Wilkinson Y Willard N Williams, A Y Williams, C N Williams, E E Williams, R Y Williamson
Yates Ralston, Speaker

On the motion, the ayes were 87, nays 64.

The motion was lost.

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The House has disagreed.

Representative Smyre of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following Senate amendments were read:

Senate Amendment #1

The Senate offers the following amendment:

Amend HR 1160 by inserting at the end of line 30 the following: None of the funds provided by this resolution shall be used to pay attorney's fees if such fees are calculated on a contingency fee basis.

Senate Amendment #2

The Senate offers the following amendment:

Amend HR 1160 by deleting, on l. 17, the word "consortion" and replacing it with the word "consortium"

Representative Hugley of the 133rd moved that the House agree to the Senate amendments to HR 1160.

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

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

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

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

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

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

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

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

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

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

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

On the motion, the ayes were 85, nays 71.

The motion was lost.

The House has disagreed.

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 Senate substitute was read:

A BILL TO BE ENTITLED AN ACT

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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 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 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 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 3. 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 4. 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 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Hembree of the 67th moved that the House agree to the Senate substitute to HB 971.

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

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

Y Davis N Dawkins-Haigler Y Dempsey N Dickerson Y Dickey Y Dickson

N Heckstall Y Hembree N Henson Y Hightower Y Hill N Holcomb

N Mayo Y McBrayer N McCall Y McKillip Y Meadows N Mitchell

Y Setzler Y Shaw N Sheldon Y Sims, B Y Sims, C N Smith, E

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JOURNAL OF THE HOUSE

N Atwood N Baker
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 N 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 N Crawford

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

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

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

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

On the motion, the ayes were 91, nays 61.

The motion prevailed.

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

Mr. Speaker:

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

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.

THURSDAY, MARCH 29, 2012

6285

The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 234. By Senator Rogers of the 21st:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 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.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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.

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JOURNAL OF THE HOUSE

The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
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 following bill of the House having failed to receive the requisite constitutional majority has lost in the Senate:
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 Senate has adopted the report of the Committee of Conference on the following bills of the House:
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.
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

THURSDAY, MARCH 29, 2012

6287

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.
Representative O'Neal of the 146th moved that the House do now adjourn sine die, and the motion prevailed.
Pursuant to HR 1978, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO THE JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

REGULAR SESSION

2012

PART I PART II PART III PART IV PART V -

ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
NUMERICAL TABULATION (House Bills)
NUMERICAL TABULATION (House Resolutions)
NUMERICAL TABULATION (Senate Bills in House)
NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
A
ABORTION Abortion; criminal abortion; change certain provisions.........................................HB 954 Abortion; prohibit performance of vasectomies...................................................HB 1116
ACWORTH, CITY OF Acworth Area Convention and Visitors Bureau; change name to Acworth Tourism Bureau Authority..............................................................HB 1267 Acworth Lake Authority; change membership requirements ..............................HB 1266
AD VALOREM TAX Ad valorem property tax; not include nontax fees or assessments; provide .................................................................................................................HB 291 Ad valorem tax exemptions; revise a definition.....................................................HB 289 Ad valorem tax; certain activities not breach conservation use covenant; provide.................................................................................................HB 660 Ad valorem tax; freeport exemptions; revise and change certain provisions...............................................................................................................HB 48 Ad valorem tax; population brackets and census; change provisions ....................HB 634 Ad valorem tax; property; change certain definitions ............................................HB 118 Ad valorem tax; property; change certain definitions ............................................HB 140 Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions...................................................................HB 996 Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions.................................................................HB 1056 Ad valorem taxation; preferential assessment of brownfield property; extend under certain circumstances .....................................................................HB 994 Ad valorem taxation; property; change certain definitions ....................................HB 794 Bona fide conservation use property; covenants; change certain qualifications and restrictions ..............................................................................HB 916 Cherokee County; homestead exemption; ad valorem taxes for county purposes.............................................................................................. SB 514
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6292

INDEX

Conservation use assessment; property use for solar energy not breach covenant; provide...............................................................................HB 564
Georgia Public Revenue Code; extensively revise provisions; ad valorem tax assessments and appeals from such assessments........................ SB 234
Motor vehicle taxation; comprehensive revision ...................................................HB 259 Municipal taxation; certain contracts to access taxes; provide limitations ............HB 715 Payment of taxes; population bracket under 2010 census; update .........................HB 407 Revenue and taxation; assessing real property .........................................................HB 31 Revenue and taxation; Internal Revenue and Internal Revenue
Code of 1986; define terms; clarify certain definitions relating to sales and use tax...............................................................................................HB 729 Revenue and taxation; limit property valuation increases; provide moratorium...........................................................................................................HB 381 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Solid waste management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grave period for buyers of property ...................................................................HB 1102 Tax commissioner; present tax returns of the county; repeal population exception..........................................................................................HB 1209 Taxation; unreturned property; eliminate population provisions; provide penalties ................................................................................................HB 1165 The Ad Valorem Tax Assessment Limit Amendment; enact - CA..........................HR 10
ADJOURNMENT Adjournment; relative to.......................................................................................HR 1099 Adjournment; relative to.......................................................................................HR 1140 Adjournment; relative to.......................................................................................HR 1238 Adjournment; relative to.......................................................................................HR 1700 Adjournment; relative to.......................................................................................HR 1978
ADMINISTRATIVE PROCEDURE Administrative Procedure; provide for agency reports regarding federal government mandates and duplicate state/federal regulation.................. SB 428 Administrative Procedure; require agency procedures for timely processing; applications for issuance/renewal of licenses................................... SB 427 Excise tax; certain tobacco products; change certain provisions .........................HB 1071 Georgia Administrative Procedure Act; act pro se under certain circumstances; clarify ............................................................................................HB 27 Georgia Crime Information Center; certain criminal records restricted from public disclosure; provide ...........................................................HB 478

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INDEX

6293

Georgia Tax Tribunal; create..................................................................................HB 100 License Plates; require the nation's motto, "In God We Trust" printed on
license plates; county name decal........................................................................ SB 293
ADMINISTRATIVE SERVICES, DEPARTMENT OF Administrative Services, Department of; public works construction contracts; provisions ............................................................................................HB 730 Contracts and purchases by public schools; contractual and purchasing preferences for Georgia service providers; modify provisions ...........................HB 881 Georgia Buy American Act; enact..........................................................................HB 816 Georgia Procurement Registry; used for bids for public works contracts; provisions.............................................................................................................HB 650 Portable electronics insurance; issuance and regulation of limited licenses to sell; provide revision of provisions; English version of material controls resolution of dispute; provide certain state contracting and bidding requirements .......................................................HB 1067 State Government; require this state to reciprocate the preferences granted by out-of-state local governments; resident vendors.............................. SB 358 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 State purchasing; business owned by disabled veterans; provide preference.............................................................................................................HB 395 State purchasing; certain contracting and bidding requirements; provide .............HB 329 State Purchasing; provide certain multiple award schedule contracts for purchase of equipment for commercial use applications............................... SB 492 State purchasing; purchases without competitive bidding; change certain provisions.................................................................................................HB 863 Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions ........................................... SB 362 The Small Business Assistance Act of 1975; definitions relative to small business assistance; change certain provisions......................................HB 854
ADOPTION Adoption records; medical information open to certain persons; clarify .................HB 65 Adoption; issuance of copy of an original birth certificate to certain adult persons; provide..............................................................................HB 748 Adoption; withdrawing a surrender of parental rights; change period.................HB 1212
AGENCIES (See Named Agency or State Government)

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6294

INDEX

AGRICULTURE Agricultural products dealers; applicability of general provisions to persons who buy for cash; provide ................................................................HB 1186 Agriculture and water resources; Agricultural Water Conservation Incentive Program; change provisions.................................................................HB 499 Agriculture Commissioner; authorized to require persons incurring civil penalties to obtain a surety bond ................................................................. SB 367 Agriculture; farm to school program to promote sale of Georgia products to school districts; provide ....................................................................HB 843 Agriculture; provide immunity from civil liability for the agency designated to provide for seed certification......................................................... SB 390 Agriculture; repeal the "Georgia Treated Timber Products Act of 1973" ............. SB 357 Commissioner of Agriculture; final decision and reconsideration; clarify timing........................................................................................................HB 746 Georgia Food Freedom Act; enact............................................................................HB 12 Georgia Right to Grow Act; enact ..............................................................................HB 2 Georgia Right to Grow Act; enact ..........................................................................HB 853 Georgia Treated Timber Products of 1973; repeal ..............................................HB 1201 Georgia-grown farm products; promote production, purchase, and consumption.........................................................................................................HB 367 Natural Gas Competition and Deregulation Act; Public Service Commission shall adopt certain rules with respect to charges for natural gas used in structures where poultry are raised; provide .................HB 1174 Revenue and taxation; revenue structure; comprehensive revision .......................HB 385 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Revenue and taxation; revenue structure; comprehensive revision .......................HB 387 Revenue and taxation; revenue structure; comprehensive revision .......................HB 388 Sales and use tax; aircraft used for spraying agricultural crops; provide exemption .............................................................................................HB 1055 Sales and use tax; food and food ingredients; change exemption ..........................HB 103 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 Taxes; imposed on cigars from January 1, 2013; collected through use of stamps; provisions.....................................................................................HB 826 Vidalia onion trademark; royalty and license fee not exceed a certain amount; eliminate requirement .............................................................HB 832
AGRICULTURE, DEPARTMENT OF Agriculture Commissioner; authorized to require persons incurring civil penalties to obtain a surety bond ................................................................. SB 367

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INDEX

6295

Commissioner of Agriculture; final decision and reconsideration; clarify timing........................................................................................................HB 746
Georgia-grown farm products; promote production, purchase, and consumption.........................................................................................................HB 367
AIRLINES AND AIRPORTS (See Aviation)
AIR POLLUTION Air quality; facilities emitting pentachlorophenol near schools; provide collective emissions limitations..............................................................HB 716 Georgia Energy Freedom Act; cap and trade system; permit Governor to delay implementation; comprehensive assessment............................. SB 9
ALCOHOLIC BEVERAGES Alcohol Abuse Trust Fund; create - CA.................................................................HR 809 Alcoholic beverage sales; housing authority board; provide certain exceptions ................................................................................................HB 165 Alcoholic beverages; breaking and consumption of packages of wine on premises for conducting wine tastings; authorize .............................HB 867 Alcoholic beverages; brewpubs; amend certain provisions ...................................HB 597 Alcoholic beverages; licenses; change certain provisions....................................HB 1066 Alcoholic beverages; limited exceptions to three-tier distribution; provide ..........HB 568 Alcoholic beverages; nonprofit without a license; authorize single function sales...............................................................................................HB 75 Alcoholic beverages; number of retail dealer licenses a person may hold or have interest in; change ...................................................................HB 943 Alcoholic Beverages; provide for the sale of distilled spirits at public golf courses ........................................................................................... SB 150 Alcoholic beverages; retail consumption dealers make alcohol sensors available for voluntarily testing personal alcohol consumption; require ..........HB 1307 Alcoholic beverages; Sunday sales; provide ............................................................HB 69 Alcoholic beverages; tax payment and reporting by licensees; change certain provisions...................................................................................HB 1065 Alcoholic beverages; three-tier distribution for craft breweries; create exception ...................................................................................................HB 505 Brewpub distribution system; maximum barrels of beer manufactured and sold; increase.................................................................................................HB 472 Commerce/Trade; define unlawful lotteries with regard to promotions; revise definition ................................................................................................... SB 431 Distilled spirits; election superintendent shall hold referendum upon receipt of resolution; provide......................................................................HB 849 Distilled spirits; free tastings on premises; authorize.............................................HB 514

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6296

INDEX

Distilled Spirits; provide for issuance of a manufacturer's/distiller's license to a fruit grower; certain circumstances .................................................. SB 114
Distilled spirits; vote to approve sale in a county or municipality; provide.............HB 96 Driving under the influence; clinical evaluation; modify provisions...................HB 1136 Restoration of licenses; certified driver improvement programs for
purposes of completing certain probation requirements; require ......................HB 1137 Restoration of licenses; certified DUI Alcohol or Drug Use
Risk Reduction Programs; modify provisions...................................................HB 1133 Restoration of licenses; certified DUI Alcohol or Drug Use
Risk Reduction Programs; modify provisions...................................................HB 1135 Revenue and tax; prepaid state and local consumables; change
multiple provisions ..............................................................................................HB 178
ALIENS AND IMMIGRANTS (See Nonresidents)
AMERICUS, CITY OF; provide for a date of expiration of office for terms of councilmembers and the mayor............................................................. SB 515
ANIMALS Animal Rescue Act; enact ......................................................................................HB 782 Animals; importation of white-tailed deer from other states to this state for breeding purposes; provide regulation......................................HB 1043 Dangerous and vicious dogs; injury and damage liability; define .........................HB 148 Dogs; criminal penalties for certain owners failing to secure; provide..................HB 717 Dogs; dangerous and vicious; revise provisions ....................................................HB 685 Family violence; include inflicting unjustified injury to household animal; provide ....................................................................................................HB 493 Horse racing; pari-mutuel wagering; provide - CA................................................HR 186 Sales and use tax; property sales for zoological renovation or expansion; extend exemption.................................................................................................HB 546 State government; pari-mutuel wagering on horse racing; provide .....................HB 1305
APPEAL AND ERROR Death penalty; repeal in this state.........................................................................HB 1168 Dismissal of appeal; improperly filed appeal may be dismissed by court; provide..................................................................................................HB 160 Georgia Crime Information Center; criminal records; change provisions .............HB 402 Georgia Crime Information Center; disclosure of records to private persons; change provisions......................................................................HB 565 Georgia Crime Information Center; inspection or modifying criminal records; change provisions ....................................................................HB 663 Official Code of Georgia; revise, modernize and correct errors or omissions .............................................................................................................HB 942

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INDEX

6297

APPEALS, COURT OF Death penalty; repeal in this state.........................................................................HB 1168 Georgia Crime Information Center; criminal records; change provisions .............HB 402 Georgia Crime Information Center; disclosure of records to private persons; change provisions......................................................................HB 565 Georgia Crime Information Center; inspection or modifying criminal records; change provisions ....................................................................HB 663
APPELLATE COURT (Also, see Courts) Courts; judicial decisions binding; remove - CA .......................................................HR 5 Dismissal of appeal; improperly filed appeal may be dismissed by court; provide..................................................................................................HB 160
APPLING COUNTY Board of commissioners; change description of districts.....................................HB 1285 Board of Education; change description of districts.............................................HB 1284
APPROPRIATIONS AND FISCAL AFFAIRS Budget commission; certain counties; population and census application; revise and change...........................................................................HB 1024 Fiscal bills; bill impacts school revenues; require....................................................HB 81 General appropriations; State Fiscal Year July 1, 2011 - June 30, 2012..................HB 84 General appropriations; State Fiscal Year July 1, 2011 - June 30, 2012..................HB 85 General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013................HB 721 General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013................HB 722 General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013................HB 742 General Assembly; fiscal notes for bills changing compensation; change provisions ................................................................................................ SB 429 State budget; rate of growth; limit - CA ...................................................................HR 20 Supplemental appropriations; State Fiscal Year 2010 - 2011 ..................................HB 82 Supplemental appropriations; State Fiscal Year 2010 - 2011 ..................................HB 83 Supplemental appropriations; State Fiscal Year 2011-2012 ..................................HB 719 Supplemental appropriations; State Fiscal Year 2011-2012 ..................................HB 720 Supplemental appropriations; State Fiscal Year July 1, 2011 June 30, 2012 .....................................................................................................HB 741 University System of Georgia; appropriations paid in lump sum; repeal provision - CA ........................................................................................................HR 8
ARREST OF PERSONS Criminal law and procedure; change term "victim" to "accuser"; provide ..............HB 14 Kathryn Johnston's Law; enact ...................................................................................HB 9

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6298

INDEX

ATHENS, CITY OF Clarke County; board of education; change districts ...........................................HB 1011 Commission of Athens-Clarke County; change the composition and description of the districts ............................................................................. SB 494
ATKINSON COUNTY Board of Commissioners; change description of districts ....................................HB 1111 Board of Education; change description of districts.............................................HB 1112 Chief magistrate judge; provide nonpartisan elections ........................................HB 1120 Probate Court judge; provide nonpartisan elections.............................................HB 1119
ATLANTA, CITY OF Atlanta Board of Education; appointment and terms of members; provide...........HB 603 Charles "Chuck" Burris Memorial Bridge; dedicate ..............................................HR 719 Cities of Marietta, Atlanta, and Jonesboro; recognize the Gone With the Wind Trail; urge..................................................................................HR 1239 Municipal court; modify provisions .....................................................................HB 1298 Raymond Royal Marshall Memorial Intersection; dedicate...................................HR 642 State highway system; dedicate certain portions..................................................HR 1177
ATTORNEY GENERAL Attorney General; authorization to employ private counsel; provide requirements ...........................................................................................HB 441 Crimes and Offenses; contracts; payment of attorney's fees; provisions; prohibit contingent compensation under certain circumstances.......................... SB 181 State Road and Tollway Authority; abolish .............................................................HB 18
ATTORNEYS District attorneys; invest in public safety and prevention, not death penalty; urge...............................................................................................HR 250 Elections; nonpartisan election of sheriffs, district attorneys, and solicitor generals; provide..................................................................................................HB 270 Georgia Public Defender Standards Council; pay attorney in event of conflict of interest in capital cases; change certain provisions............................HB 940 Judicial circuits; assistant district attorney for certain populations; repeal office ........................................................................................................HB 929 Motor vehicles and traffic; judge of probate court may request district attorney to prosecute misdemeanor traffic cases in probate court; provide........................................................................................HB 1309 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment............................................................................................. SB 352 Real Estate Professionals; provisions ..................................................................... SB 365

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INDEX

6299

AUDITS AND ACCOUNTS, DEPARTMENT OF Budget reports; tax expenditure review; require certain items...............................HB 920 Georgia Transparency in Government Spending website; urge Georgia Department of Audits and Accounts to create .....................................HR 1163 Local Government; electronic transmission of budgets; change certain definitions ................................................................................................ SB 381 State Accounting Officer; contract with a third party to audit state contracts; annual report ................................................................................... SB 8 Transparency and Accountability in Government Act; enact ................................HB 188
AUGUSTA, CITY OF Augusta-Richmond County Coliseum Authority; appointed members may be reappointed to succeed themselves; provide .........................HB 1203 Augusta-Richmond County Transparency in Government Act; enact.................HB 1235 Augusta-Richmond County; advisory referendum election; provide.....................HB 652 Augusta-Richmond County; mayor and members; partisan elections ...................HB 632 Deputy James D. Paugh Memorial Interchange; Augusta-Richmond County; dedicate ................................................................................................HR 1673 Deputy James D. Paugh Memorial Interchange; Augusta-Richmond County; dedicate ................................................................................................HR 1674 Richmond County; City of Augusta; change description of commissioner districts.................................................................................................................HB 923 Rosa T. Beard Memorial Bridge; dedicate .............................................................HR 408 State highway system; dedicate certain portions..................................................HR 1177
AUTHORITIES Georgia Regional Transportation Authority; amend provisions; establish Transit Governance Council ...............................................................HB 1199 Georgia Sheriffs' Cooperative Authority; create ..................................................HB 1141 Local Government; clarify development authorities are authorized to conduct redevelopment.................................................................................... SB 257 Local government; tenants of airports authorized to be members of airport authority or commission; provide......................................................HB 1181 Public transit authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...........HB 1051
AVIATION Aviation; provide for local governments' ability to accept community improvement district funds .................................................................................. SB 371 Georgia Aviation Authority; abolish; transfer to Department of Public Safety....................................................................................................HB 605

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6300

INDEX

Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission ........................................................................... SB 339
Local government; tenants of airports authorized to be members of airport authority or commission; provide......................................................HB 1181
Motor fuel tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ................................HB 743
Sales and use tax; aircraft used for spraying agricultural crops; provide exemption .............................................................................................HB 1055
Sales and use tax; motor fuel tax; jet fuel and aviation gasoline allocated to maintaining public-use airports; provide - CA ..............................HR 1378
State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642
AVONDALE ESTATES, CITY OF; change corporate limits of city..................HB 1218

B
BACON COUNTY Board of Commissioners; change description of districts ....................................HB 1269 Board of Commissioners; membership of chairperson and commissioners on boards and authorities; limit .........................................................................HB 1272 Board of Education; change description of districts.............................................HB 1268
BAIL, BONDS AND RECOGNIZANCES Bail; certain offenses collect DNA as condition of bail; require............................HB 288 Bonds; certain validation hearing appearance provisions; provide........................HB 844 Bonds; release unclaimed bonds one year after surety released; provide ..............HB 372 Criminal law and procedure; change term "victim" to "accuser"; provide ..............HB 14 Show cause hearing; application and notice to appear; provide.............................HB 155 Transportation of Hazardous Materials Act; enact; provisions..............................HB 252 Trooper First Class Chadwick Lee LeCroy Act; enact ............................................HB 32
BAKER COUNTY; board of elections and registration; reconstitute and change the composition ....................................................................................... SB 477
BALDWIN COUNTY Board of Commissioners; change the description of commissioner districts................................................................................................................. SB 318 Board of Education; change the description of the education districts .................. SB 317

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INDEX

6301

Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
Preserve the sovereignty of a federal corporation to engage in certain commercial activities; recognize the need ........................HR 1611
BALL GROUND, CITY OF; remove exception for certain property from jurisdiction of municipal court...........................................................................HB 1216
BANKING AND FINANCE Banking and finance; credit exposure as a counterparty in derivative transactions; limit certain obligations..................................................................HB 886 Banks and trust companies; issuance of non-cash valued shares with approval; provide .........................................................................................HB 945 Commerce/Trade; define unlawful lotteries with regard to promotions; revise definition ................................................................................................... SB 431 Constitutional Tender Act; enact ................................................................................HB 3 Corporations in Georgia; deposit money in African American financial institutions; urge ...................................................................................HR 407 Excessive interest rates; motor vehicle title loan brokers; exclude from a 5 percent per month interest limit ............................................................HB 950 Georgia Merchant Acquirer Limited Purpose Bank Act; enact .............................HB 898 Income tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes; change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations..........................................................................................HB 965 Income tax; federal reserve banks in Georgia not exempt; provide.........................HB 19 Interest and usury; legal and maximum rates of interest; change certain provisions.................................................................................................HB 281 Mortgage lenders and brokers; certain mortgage activities without a license; prohibit.................................................................................................HB 946 Multiple-party accounts; definition include preneed service entities; provide....................................................................................................HB 449 Real Estate Professionals; provisions ..................................................................... SB 365 State financing and investment; general obligation debt may only be used for purposes authorized by General Assembly; provide .....................................HB 951 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642
BANKS COUNTY; Tommie Irvin Memorial Intersection; dedicate ....................HR 1465
BARBERS Barbers; license to operate mobile barbershops; provide.........................................HB 70

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6302

INDEX

BARROW COUNTY; Governing Authority Study Commission; create ...............HB 580
BARTOW COUNTY Board of Education; change description of districts.............................................HB 1041 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873
BEN HILL COUNTY Board of Commissioners; change description of districts ....................................HB 1002 Board of Education; change description of districts.............................................HB 1158
BERKELEY LAKE, CITY OF; change corporate limits ......................................HB 956
BERRIEN COUNTY Airport authority; increase membership of board ................................................HB 1100 Board of Commissioners; provide new districts ..................................................HB 1098 Board of Education; change description of districts.............................................HB 1099 Private Homer C. Sumner Memorial Road; Berrien County; dedicate ..................HR 718 Sergeant Major James E. Jones Memorial Bridge; dedicate ................................HR 1849
BIBB COUNTY Board of commissioners; change description of districts.......................................HB 962 Board of Public Education; change description of districts ...................................HB 963 Coach Billy Henderson Interchange; dedicate .......................................................HR 460 Coach Billy Henderson Interchange; Macon County; dedicate ...............................HR 82 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Macon Day; February 29, 2012; recognize and invite public officials to House .................................................................................................................HR 1467 Macon-Bibb County Community Enhancement Authority Act; enact ................HB 1265 Macon-Bibb County Transit Authority Act of 1980; enter into contracts with counties and municipal corporations to provide public transportation services; provide power...................................................HB 1206 Macon-Bibb County Water and Sewerage Authority Act; provide appointment of certain members; period of service ............................................ SB 279 Macon-Bibb County; create and incorporate new political body corporate.........HB 1171 Macon-Bibb, Georgia; provide unified government ................................................HB 98 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873 Sergeant Rodney Maxwell Davis Memorial Interchange; dedicate .......................HR 253

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INDEX

6303

BICYCLES Bicycles; operation on sidewalks; authorize local governments..............................HB 71 Motor vehicles; leave safe distance between vehicle and bicycle when passing; require ..........................................................................................HB 180
BLECKLEY COUNTY; board of education and school superintendent; number of members and districts where elected; provide .................................HB 1300
BLIND PERSONS (See Handicapped Persons)
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA University System of Georgia; appropriations paid in lump sum; repeal provision - CA .........................................................................................................HR 8 University System of Georgia; tuition not exceed inflation rate; provisions - CA....................................................................................................HR 383
BRANTLEY COUNTY; school district ad valorem tax; provide homestead exemption ........................................................................................HB 1070
BRASELTON, TOWN OF Initial terms of office for board members; correct .................................................HB 481 Town of Braselton Community Improvement District; apply for, receive, administer, or utilize grants from federal, state, county or municipal governments under certain conditions; allow ....................................................HB 1129
BROOKS COUNTY Board of commissioners; provide new districts ...................................................HB 1095 Board of education; provide new districts............................................................HB 1096
BRUNSWICK COUNTY Brunswick-Glynn County Joint Water and Sewer Commission; immunity for commission and its officers, agents and employees; provide ......................HB 1271
BRYAN COUNTY Board of Commissioners; change description of districts ......................................HB 973 Board of Education; change description of districts...............................................HB 709 Property Conveyance; grant nonexclusive easement to Bryan, Butts, and Liberty counties ................................................................................................... SR 765
BUDGET (See Appropriations and Fiscal Affairs)

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INDEX

BUILDINGS AND HOUSING Alcoholic beverage sales; housing authority board; provide certain exceptions ................................................................................................HB 165 Capitol Arts Standards Commission; Coretta Scott King portrait; urge placement.......................................................................................................HR 28 Fire Protection and Safety; buildings; transfer certain functions; Department of Labor and Commissioner of Labor to the Office of Safety Fire Commissioner and Safety Fire Commissioner ............................. SB 446 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Residential developers and builders; offer solar energy system install; urge ......................................................................................................................HR 693 Rosa Parks and others; portrait placements in state capitol; urge ............................HR 57
BURKE COUNTY Board of Commissioners; change description of districts ....................................HB 1059 Board of Education; change description of districts.............................................HB 1060
BUSINESS AND OCCUPATION TAXES Business and occupation tax; infrastructure fee of $2.00 on purchase of any ticket for events where more than 2,000 tickets available for retail sale; impose .........................................................................HB 1153 Business and occupation taxes; corporate net worth tax; repeal ............................HB 355 Excise tax; motor vehicle rental; change certain definitions..................................HB 169 Excise tax; rooms, lodgings, and accommodations; change certain definitions ............................................................................................................HB 150 Health care facilities; regulation and licensing of assisted living communities; provide ..........................................................................................HB 405 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386
BUTTS COUNTY Charles Thomas Edwards Memorial Bridge; Jasper and Butts Counties; dedicate................................................................................................HR 508 Property Conveyance; grant nonexclusive easement to Bryan, Butts, and Liberty counties ................................................................................................... SR 765 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873

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6305

C
CALHOUN COUNTY Board of Education; number of members and the districts where elected; provide ................................................................................................................HB 902 Board of Education; provide new districts .............................................................HB 749 Jimmie Hodge Timmons, Junior, Highway; Early/Calhoun counties; designate ............................................................................................................HR 1158 Provide new commissioner districts .......................................................................HB 750 State highway system; dedicate certain portions..................................................HR 1177
CAMDEN COUNTY Board of commissioners; change description of districts.......................................HB 789 Board of Education; change description of districts...............................................HB 788 Camden County High School wrestling team; commend and invite to House ...................................................................................................HR 1379 Sergeant Carlton "Dan" Jenkins Memorial Interchange; designate .....................HR 1142 State highway system; dedicate certain portions..................................................HR 1177
CANDLER COUNTY Board of Commissioners; change description of districts ......................................HB 754 Board of Education; revise districts........................................................................HB 755
CARROLL COUNTY Board of Commissioners; change description of districts ......................................HB 740 Board of education; change description of districts ...............................................HB 892 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
CATOOSA COUNTY Bert Ward Memorial Bridge; dedicate ................................................................... SR 843 Board of commissioners; change description of districts.....................................HB 1263 Board of Education; change description of districts.............................................HB 1262 Office of commissioner; change the description of the commissioner districts................................................................................................................. SB 526 State highway system; dedicate certain portions..................................................HR 1177
CELLULAR TELEPHONES Congress; amend Communication Act of 1934; permit use of cellular jammers; urge .......................................................................................HR 1325

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Drivers; only hands-free communications devices in motor vehicles; provide ....................................................................................................HB 67
Education, Department of; develop strategy regarding dangers of explicit images in texts; require.......................................................................HB 267
CEMETERY AND FUNERAL SERVICES Cemetery and funeral services; modify provisions relating to funeral directors and cemeterians; preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program ...................................................................................................HB 933 Funeral directors and cemeterians; allow electronic signatures for funeral services and related preneed contracts; modify provisions .................................HB 953 Multiple-party accounts; definition include preneed service entities; provide....................................................................................................HB 449 Preneed escrow; accounts titled in favor of registered entity; provide ..................HB 356
CENSUS Ad valorem tax; population brackets and census; change provisions ....................HB 634 Budget commission; certain counties; population and census application; revise and change...........................................................................HB 1024 Budget commission; counties having population of 300,000 or more according to census; repeal Act............................................................HB 1085 Intangible tax; population brackets and census relative to commission on collection of taxes; change certain provisions ..............................................HB 1094 Local government; approval of bonded debt by election; population brackets and the census; change certain provisions...........................................HB 1117 Payment of taxes; population bracket under 2010 census; update .........................HB 407
CHAMBLEE, CITY OF; corporate limits; change ..............................................HB 1006
CHAPLAINS, HOUSE OF REPRESENTATIVES Anderson, Pastor Stanford L. ............................................................................... Page 110 Beddingfield, Pastor Dwayne ............................................................................. Page 1520 Bishop, Doctor Charles......................................................................................... Page 816 Bolling, Reverend Bill .......................................................................................... Page 229 Brown, Pastor Olu ................................................................................................ Page 337 Burchfield, Pastor John....................................................................................... Page 3646 Byrd, Reverend Tony.......................................................................................... Page 1286 Cabiness, Reverend Christopher E. .................................................................... Page 1650 Caylor, Reverend Max............................................................................................ Page 66 Cheek, Doctor Randy M. ...................................................................................... Page 596 Collins, Representative Doug ............................................................................. Page 5516 Dillard, Doctor George S........................................................................................ Page 43

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6307

Ellison, Doctor Jim ............................................................................................. Page 1120 Flanagan, Doctor James...................................................................................... Page 1943 Hardman, Doctor Ann L. .................................................................................... Page 3726 Haygood, Pastor Thad ........................................................................................ Page 4923 Heckstall, Pastor Shaun D. ................................................................................. Page 4511 Hughes, Pastor Randy........................................................................................... Page 620 Jackson, Reverend Tom...................................................................................... Page 3892 Jordan, Doctor Tom ................................................................................................ Page 16 Joyner, Doctor C. William, Junior........................................................................ Page 905 Linch, Reverend Mike .......................................................................................... Page 100 Lipsey, Reverend Ellynda................................................................................... Page 3681 Loritts, Doctor Crawford ........................................................................................ Page 76 Mathis, Reverend Rukiya ..................................................................................... Page 264 McCollough, Reverend Aaron.............................................................................. Page 174 McDaniel, Reverend Joe......................................................................................... Page 85 McRae, Reverend Jim, III..................................................................................... Page 190 Moore, Pastor Johnny H. ...................................................................................... Page 979 Mullis, Reverend Chris......................................................................................... Page 857 Plank, Reverend Tom ......................................................................................... Page 1394 Reid, Reverend Omer ........................................................................................... Page 790 Sanders, Reverend Alvelyn ................................................................................ Page 1434 Sapp, Reverend James C. ..................................................................................... Page 205 Scott, Doctor Marlon D., Senior......................................................................... Page 3763 Sheffield, Reverend Gene..................................................................................... Page 153 Varnell, Pastor Jack ............................................................................................ Page 4704 Wagner, Pastor Dane .......................................................................................... Page 2162 Washington, Doctor James, Junior ..................................................................... Page 2739 Wright, Reverend Todd ...................................................................................... Page 1224
CHARITIES AND CHARITABLE SOLICITATIONS Sales and use tax exemptions; certain nonprofit volunteer health clinics; extend ......................................................................................................HB 317 Sales and use tax exemptions; disaster relief food donations; extend....................HB 333 Sales and use tax exemptions; donated food for hunger relief; extend ..................HB 318 Sales and use tax exemptions; food and beverages to food bank; extend ..............HB 334 Sales and use tax exemptions; nonprofit health centers, clinics, and food banks; extend .......................................................................................................HB 319
CHARLTON COUNTY Board of commissioners; change provisions relating to number of meetings held .....................................................................................................HB 1282 Nonstaggered four-month vehicle registration period; repeal Act .......................HB 1283

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CHATHAM COUNTY Anne O. Mueller Bridge; dedicate..........................................................................HR 292 Board of commissioners; change description of districts.......................................HB 998 Change the description of the commissioner districts; definitions and inclusions ............................................................................................................. SB 480 Chatham Area Transit Authority; board membership and staggered terms; provide ...............................................................................................................HB 1275 City of Savannah; board of education; change description of districts ..................HB 999 Georgia Film Commission; base in Savannah-Chatham; urge Governor ............HR 1165 Hugh Carroll Butler Memorial Bridge; dedicate....................................................HR 423 Hugh Carroll Butler Memorial Bridge; dedicate..................................................HR 1825 Magistrate Court; provide for the collection of additional costs as law library fees ........................................................................................................... SB 516 Magistrate Court; qualifications for magistrates; provide....................................HB 1301 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873 Savannah, City of; change the description of the education districts..................... SB 481 Savannah, City of; term of office of board of education president; revise provisions ..................................................................................................HB 539
CHATTOOGA COUNTY Board of education; revise districts ........................................................................HB 922 Revise compensation of commissioner ................................................................HB 1195
CHEROKEE COUNTY Board of commissioners; revise districts................................................................HB 979 Board of Education; revise districts........................................................................HB 978 Board of Education; revise districts......................................................................HB 1223 Cherokee County Development Authority; provide for expanded powers and duties................................................................................................. SB 529 Homestead exemption; ad valorem taxes for county purposes .............................. SB 514 State highway system; dedicate certain portions..................................................HR 1177
CHILD ABUSE Child abuse; mandatory reporting requirements; expand.......................................HB 948 Day care centers; employees and directors; require satisfactory child protective services report..........................................................................HB 1220
CHILD CUSTODY (See Domestic Relations or Parent and Child)
CHILD SUPPORT (See Domestic Relations)
CHILDREN AND YOUTH (See Minors)

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6309

CHILDREN AND YOUTH ACT Child abuse; mandatory reporting; expand.............................................................HB 529 Child abuse; state-wide reporting system; create ...................................................HB 633 Day care centers; employees and directors; require satisfactory child protective services report..........................................................................HB 1220 Medical assistance; lawfully qualified alien children and pregnant women; eligible....................................................................................................HB 345
CIGAR AND CIGARETTE TAXES Cigar and cigarette tax; change certain definitions ................................................HB 152 Excise tax; certain tobacco products; change certain provisions .........................HB 1071 Tax on tobacco products; cigar tax through use of stamps; provisions..................HB 480 Taxes; imposed on cigars from January 1, 2013; collected through use of stamps; provisions.....................................................................................HB 826
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE American Laws for Georgia Courts Act; enact ........................................................HB 45 American Laws for Georgia Courts Act; enact ......................................................HB 242 Civil actions; conservation easement property; provide limitation........................HB 102 Civil Practice; increase the tolling period for limitations for tort actions while a criminal prosecution is pending ........................................... SB 316 Civil practice; who may serve process; change provisions; superior court clerks; provide for filing fees for applications for certified process servers ...................................................................................................HB 1048 Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Commencement of action and service; certified process servers; change provisions ................................................................................................HB 284 Death penalty; repeal in this state.........................................................................HB 1168 Fair and Orderly Administration of Capital Punishment Act; enact ......................HB 430 'Georgia International Commercial Arbitration Code'; repeal Part 2, relating to international arbitration........................................................... SB 383 Georgia Tax Tribunal; create..................................................................................HB 100 Marshal responsibilities; only certified may serve process in court; provide .................................................................................................................HB 526 Personal jurisdiction over nonresidents; domestic relations cases; clarify ............HB 525 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 Timber; unauthorized cutting and carrying away; change provisions....................HB 135

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INDEX

CIVIL PRACTICE ACT Civil practice; who may serve process; change provisions; superior court clerks; provide for filing fees for applications for certified process servers ...................................................................................................HB 1048 Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Commencement of action and service; certified process servers; change provisions.............................................................................................................HB 284 Georgia Tax Tribunal; create..................................................................................HB 100 Marshal responsibilities; only certified may serve process in court; provide .................................................................................................................HB 526
CLARKE COUNTY Change county commission election districts; provide nonbinding advisory referendum ............................................................................................HB 804 City of Athens; board of education; change districts ...........................................HB 1011
CLAY COUNTY; Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize ...................................................HR 1376
CLAYTON COUNTY Board of commissioners; revise districts..............................................................HB 1202 Coretta Scott King Memorial Highway; dedicate ................................................HR 1872 Lower Chattahoochee Regional Airport Authority; remove Clay County and Quitman County from membership.........................................HB 903
CLINCH COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Private First Class Don Manac Memorial Bridge; Clinch and Echols Counties; dedicate....................................................................................HR 573 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873 State highway system; dedicate certain portions..................................................HR 1177
COBB COUNTY Board of Commissioners; change description of districts ......................................HB 905 Board of Education; change description of districts.............................................HB 1103 Board of Education; change description of districts.............................................HB 1208 Magistrate Court; provide for collection of law library fees................................HB 1177 State Court; charge technology fee; authorize........................................................HB 608

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6311

State highway system; dedicate certain portions..................................................HR 1177 Trooper Chadwick T. LeCroy Memorial Bridge; Cobb/Fulton
Counties; dedicate..............................................................................................HR 1351
COBB JUDICIAL CIRCUIT Cobb County State Court; charge technology fee; authorize .................................HB 608
COCHRAN, CITY OF; provide new charter........................................................HB 1185
CODE OF GEORGIA Natural Resources; provide for an extension of the automatic repeal of Code Section 12-5-9 ............................................................................. SB 369 Official Code of Georgia; retirement and pensions; revise, modernize, and correct errors or omissions............................................................................HB 944 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942
COFFEE COUNTY Board of commissioners; change description of districts.....................................HB 1004 Board of Education; change description of districts.............................................HB 1005 Chief magistrate judge; provide nonpartisan elections ........................................HB 1121 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 John S. Gibson Memorial Highway; dedicate ......................................................HR 1612 Sergeant Harold Wiggins Memorial Bridge; dedicate ...........................................HR 547
COHUTTA, CITY OF; Redevelopment Powers Law; authorize ...........................HB 601
COIN OPERATED AMUSEMENT MACHINES Coin operated amusement machines; change certain definitions...........................HB 213 Coin operated amusement machines; limit on number allowed at location; exception ...........................................................................................HB 462 Commerce/Trade; define unlawful lotteries with regard to promotions; revise definition ................................................................................................... SB 431 Revenue and tax; coin operated amusement machines; revise and add definitions...............................................................................................HB 164
COLLEGE PARK, CITY OF; City of College Park Water and Sewer Authority; create ..................................................................................................HB 459
COLQUITT COUNTY Board of Commissioners; change description of districts ....................................HB 1087 Board of Education; change description of districts.............................................HB 1088

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COLUMBIA COUNTY Board of Commissioners; change description of districts ......................................HB 913 Board of Commissioners; provide term limits for chairperson and members.............................................................................................................HB 1167 Board of Education; change description of districts...............................................HB 912
COLUMBUS, CITY OF Certain notices to be made in newspaper having largest circulation; provide ...............................................................................................................HB 1258 Municipal Court; judge; provide nonpartisan elections .......................................HB 1302 Municipal Court; provide nonpartisan elections for judge..................................... SB 531
COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS (Also, see Highways) Anne O. Mueller Bridge; Chatham County; dedicate ............................................HR 292 Bert Ward Memorial Bridge; Catoosa County; dedicate ....................................... SR 843 C. Lloyd Smith Memorial Parkway; Ellijay, Georgia; Gilmer County;
dedicate ................................................................................................................HR 506 Charles "Chuck" Burris Memorial Bridge; City of Atlanta; dedicate ....................HR 719 Charles N. "Judy" Poag Memorial Highway; Murray County; dedicate .............HR 1734 Charles Thomas Edwards Memorial Bridge; Jasper and Butts Counties;
dedicate ................................................................................................................HR 508 Chief Vann Bypass; Floyd County; dedicate .......................................................HR 1732 Clarence Williams, Senior, Overpass; Liberty County; dedicate.........................HR 1164 Claude A. Bray, Junior Bridge; Meriwether County; dedicate ..............................HR 490 Claude A. Bray, Junior Highway; City of Manchester, Georgia; dedicate ............HR 472 Coach Billy Henderson Interchange; Bibb County; dedicate.................................HR 460 Coach Billy Henderson Interchange; Macon County; dedicate ...............................HR 82 Coach Jim Cavan Memorial Parkway; Upson County; dedicate ...........................HR 584 Coretta Scott King Memorial Highway; Clayton County; dedicate.....................HR 1872 Deputy James D. Paugh Memorial Highway; Richmond County; dedicate ........HR 1103 Deputy James D. Paugh Memorial Interchange; Augusta-Richmond
County; dedicate ................................................................................................HR 1673 Deputy James D. Paugh Memorial Interchange; Augusta-Richmond
County; dedicate ................................................................................................HR 1674 Deputy Richard Daniels Memorial Bridge; Twiggs County; dedicate ................HR 1542 Explosive Ordnance Disposal Technician First Class Joseph
Adam McSween Memorial Intersection; Lowndes County; dedicate...............HR 1352 Harold Shedd Highway; Haralson County; dedicate............................................HR 1733 Herman E. Black Memorial Highway; City of Gray; dedicate ...........................HR 1141 Highway 98 by Ricky Fitzpatrick Highway; Commerce to Danielsville;
dedicate ..............................................................................................................HR 1642 Hugh Carroll Butler Memorial Bridge; Chatham County; dedicate ......................HR 423

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6313

Hugh Carroll Butler Memorial Bridge; Chatham County; dedicate ....................HR 1825 Ida Ware Scott Memorial Road; City of Lincolnton; dedicate...............................HR 509 J. Dixon Hays Memorial Highway; Newton County; dedicate............................HR 1152 Jim Wetherington Interchange; Muscogee County; dedicate...............................HR 1826 Jimmie Hodge Timmons, Junior, Highway; Early/Calhoun counties;
designate ............................................................................................................HR 1158 John B. Box Memorial Bridge; Greene County; dedicate....................................HR 1730 John Flournoy Interchange; Muscogee County; dedicate ....................................HR 1676 John S. Gibson Memorial Highway; Coffee County; dedicate ............................HR 1612 Kelso Horne Memorial Highway; Laurens County; dedicate ..............................HR 1808 Lou Chastain Memorial Bridge; Pickens County; dedicate ...................................HR 572 Louie Clark Highway; Madison County; dedicate ...............................................HR 1602 Mrs. Glenda and Doctor John Covington Highway; Paulding County;
dedicate ..............................................................................................................HR 1827 Officer Kathy Cox Memorial Highway; Gordon County; dedicate .......................HR 546 Patrolman Donald J. Mander Memorial Underpass; City of Macon;
dedicate ..............................................................................................................HR 1439 Private First Class Don Manac Memorial Bridge; Clinch and
Echols Counties; dedicate....................................................................................HR 573 Private Homer C. Sumner Memorial Road; Berrien County; dedicate ..................HR 718 Raymond Royal Marshall Memorial Intersection; City of Atlanta;
dedicate ................................................................................................................HR 642 Rosa T. Beard Memorial Bridge; Augusta, Georgia; dedicate...............................HR 408 Ruth B. Crawford Highway; Richmond County; dedicate...................................HR 1643 Senior Airman Michael J. Buras Memorial Highway; Irwin County;
dedicate ................................................................................................................HR 494 Sergeant Carlton "Dan" Jenkins Memorial Interchange; Camden County;
designate ............................................................................................................HR 1142 Sergeant Harold Wiggins Memorial Bridge; Coffee County; dedicate..................HR 547 Sergeant Jerry Bagley Memorial Bridge; Ware County; dedicate .........................HR 457 Sergeant Major James E. Jones Memorial Bridge; Berrien County;
dedicate ..............................................................................................................HR 1849 Sergeant Rodney Maxwell Davis Memorial Interchange; Bibb County;
dedicate ................................................................................................................HR 253 State highway system; dedicate certain portions..................................................HR 1177 The Interception and Disclosure of Geolocation Information
Protection Act of 2011; enact ..............................................................................HB 674 Tommie Irvin Memorial Intersection; Banks County; dedicate...........................HR 1465 Trooper Chadwick T. LeCroy Memorial Bridge; Cobb/Fulton Counties;
dedicate ..............................................................................................................HR 1351 Veal - Solomon Highway; Washington County; dedicate .....................................HR 618 Willou Copeland Smith Highway; Glynn County; dedicate ..................................HR 617

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COMMEND, ETC. 100 Black Women Empowerment Day at the state capitol; February 23, 2012; recognize ............................................................................HR 1212 194th Armored Brigade; commend ......................................................................HR 1951 2011 Georgia United States Golf Association Women's Golf Team; commend and invite to House ...........................................................................HR 1544 2012 as Georgia Year of Cooperatives; recognize ...............................................HR 1793 2012 Georgia Cotton Queens; commend..............................................................HR 1756 2012 legislative session administrative assistants; commend ..............................HR 2090 25th annual law enforcement cookout; commend................................................HR 1797 4-H Clubs; Mr. Dowdy White; Mr. Arch D. Smith; commend and invite to House ............................................................................................HR 1133 A Bag's Life Day; February 28, 2012; recognize .................................................HR 1539 Abdul-Salaam, Representative Roberta; commend..............................................HR 2106 Adams, Normer; Georgia Association of Homes and Services for Children; commend......................................................................................HR 1648 AdEdge Water Technologies; commend..............................................................HR 1771 Advanced Placement Day; February 8, 2012; recognize ....................................HR 1341 Advancement Via Individual Determination; AVID Day; March 28, 2012; recognize ................................................................................HR 2033 Age, Ms. Zina; commend .....................................................................................HR 1622 Ahuja, Ms. Kiran; commend ................................................................................HR 1814 Aigner-Muehler, Anna; commend........................................................................HR 1609 Ailion, Alyssa; commend .....................................................................................HR 1496 Alaina, Lauren; American Idol; commend and invite to House...........................HR 1523 Alexander, Ms. Elizabeth Tillson; commend .......................................................HR 1962 Allen, Bishop O.C., III; commend........................................................................HR 1801 Allen, Sergeant Major Victor E.; commend .........................................................HR 1949 Alpha Gamma Rho fraternity; University of Georgia; 85th anniversary; recognize............................................................................................................HR 1366 Alpha Kappa Alpha Day; March 20, 2012; recognize .........................................HR 1246 Alpha Phi Alpha Fraternity, Incorporated; commend and invite to House..........HR 1528 American Association of Family and Consumer Sciences; recognize.................HR 1287 American Bikers Active Toward Education; February 29, 2012; Bikers Day; recognize........................................................................................HR 1619 American Institute of Architects Grassroots Day; February 21, 2012; recognize ............................................................................HR 1457 American Red Cross Month in Georgia; March, 2012; recognize.......................HR 1454 Amerson, Representative Amos; commend .........................................................HR 2004 Amyotrophic Lateral Sclerosis Awareness Day; March 7, 2012; recognize............................................................................................................HR 1711 Anaphylaxis Awareness Week; August 26 through September 1, 2012; recognize............................................................................................................HR 1897

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6315

Anderson, Chief Jimmy; commend ......................................................................HR 2115 Anderson, Jenny Lynn; commend ........................................................................HR 1228 Anderson, Marcia; honor ......................................................................................HR 1704 Anderson, Ms. Cee' Cee'; commend.....................................................................HR 2196 Andrews, Rear Admiral Annie B.; commend and invite to House ......................HR 1745 Anthony, Ms. Madeleine Kiker; honor.................................................................HR 1668 Antone, Doctor Joan; commend ...........................................................................HR 1115 Asberry, Brittney; commend ................................................................................HR 1398 Ashley Lane Family; commend and invite to House ...........................................HR 1326 Astles, Rachel; commend .....................................................................................HR 1895 Atkinson, Curtis Lee; commend and invite to House...........................................HR 1678 Atlanta's John Marshall Law School's negotiation team; recognize ....................HR 1811 Aviran, Opher; Consul General; commend and invite to House..........................HR 1442 Backus, Denise; commend ...................................................................................HR 1359 Baker, Jesse; commend.........................................................................................HR 1922 Bald Rock Baptist Church; recognize ..................................................................HR 1272 Baldree, Rhianna Nicole; commend.....................................................................HR 1530 Bandy, Captain Ben; commend ............................................................................HR 2116 Bandy, Charity; commend ....................................................................................HR 1233 Bankoff, Mr. Joseph R.; commend.......................................................................HR 1954 Barber, Pastor Leroy; "Green My Hood" initiative; commend ............................HR 2081 Barkley, Johntavious; commend...........................................................................HR 1552 Bates, Ms. Angie; commend.................................................................................HR 1705 Bauman, Mr. Bruce; commend.............................................................................HR 2094 Beacham, Austin; commend.................................................................................HR 1926 Beaver, Doctor Marion Henry; commend ............................................................HR 2199 Bell, Eldrin; commend..........................................................................................HR 1689 Bell, Joseph N.; commend ....................................................................................HR 1727 Benfield, Representative Stephanie Stuckey; commend ......................................HR 2105 Benfield, Representative Stephanie Stuckey; commend ......................................HR 2147 Bennett deMarrais, Kathleen P.; commend ..........................................................HR 1374 Bennett, Doctor Cindy; commend ........................................................................HR 1664 Bennett's Mill Middle School; commend .............................................................HR 1775 Berry, Mr. John; commend and invite to House ....................................................HR 388 Bickers, Doctor Mitzi L.; commend and invite to House.....................................HR 1614 Bielecki, Brianne; commend and invite to House ................................................HR 1181 Bikers Month at the capitol; May, 2012; recognize .............................................HR 1919 Billingsley, Chris; commend ................................................................................HR 1824 Black, Reverend Jerry D.; commend....................................................................HR 1343 Black, Reverend Jerry D.; commend....................................................................HR 1446 Blackburn, Mr. Andy; commend..........................................................................HR 1927 Blairsville Scottish Festival and Highland Games; commend .............................HR 2046 Blake, Doctor Sherry; commend ..........................................................................HR 1696

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6316

INDEX

Blechinger, Linda; Auburn Mayor; recognize......................................................HR 1230 Bloodworth, Doctor Bill; commend and invite to House.....................................HR 1226 Bloodworth, GeorgAnne; commend ....................................................................HR 1821 Blue Cross and Blue Shield of Georgia; commend..............................................HR 1720 Bon, Nicholas R.; commend.................................................................................HR 1497 Bonello, Ms. Alethea R.; commend .....................................................................HR 2146 Borum, Mr. Bradford R.; Ms. Shannon Leigh Wallace; commend .....................HR 2186 Boston, Mr. Ralph Harold "Hawkeye"; commend and invite to House.................HR 429 Bowen, Major Julian; commend ..........................................................................HR 1835 Boy Scouts of America Day at the state capitol; March 21, 2012;
recognize............................................................................................................HR 1184 Boy Scouts of America Troop 51; commend .......................................................HR 2063 Boyd, Clara; commend .........................................................................................HR 1400 Boylan, Major General Peter J.; commend and invite to House ..........................HR 1441 Boynton Bandits; commend and invite to House .................................................HR 1282 Boys and Girls Clubs of Georgia; Chantil Coleman; commend ..........................HR 1972 Bradley, Jeannie; commend..................................................................................HR 2039 Brady, Charles Nilsson; commend .......................................................................HR 1479 Braelinn Elementary School; commend ...............................................................HR 1780 Brake, Mr. David; commend ................................................................................HR 2191 Braswell, Mary Ester; commend ..........................................................................HR 1514 Braswell-Battle, Irma; commend..........................................................................HR 1629 Bridges, Lieutenant Colonel Robert Marvin; commend ......................................HR 2050 Brinson, Lynn; commend .....................................................................................HR 1313 Brinson, Lynn; commend .....................................................................................HR 1433 Bristow, Wendy; commend ..................................................................................HR 1928 Brooks Elementary School; commend .................................................................HR 1782 Brooks, Jenny Lea R.; commend..........................................................................HR 1495 Brooks, Mrs. Wanda; Ms. Merilyn Davis; commend ..........................................HR 1976 Brown, Amy Benson; commend ..........................................................................HR 1375 Brown, Cora; commend........................................................................................HR 1293 Brown, Elisabeth Victoria; commend ..................................................................HR 1500 Brown, Major General Robert; commend ............................................................HR 2177 Brown, Ms. Angela Elizabeth; commend.............................................................HR 2126 Brown, Ms. Valerie Marie; commend ..................................................................HR 1353 Brown, Pastor Jerry L.; commend ........................................................................HR 2069 Brown, Pastor Jerry L.; commend ........................................................................HR 2121 Brown, William "Harold"; 100th birthday; honor................................................HR 1125 Browning, Ms. Harriette; commend .....................................................................HR 1975 Bruce, Doctor James Frederick, Junior; commend ..............................................HR 1770 Bryant, Jack and Helen; commend .......................................................................HR 1229 Bryant, Mrs. Mattie; commend.............................................................................HR 1185 Bryant, Ms. Tracye D.; commend ........................................................................HR 2175

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6317

Bufford, Allen; commend.....................................................................................HR 2038 Buford High School literary team; commend.......................................................HR 2097 Buford High School softball team; commend ......................................................HR 2096 Building Owners and Managers of Atlanta; BOMA Day;
February 22, 2012; recognize ............................................................................HR 1461 Burgess, Mr. James V., Junior; commend............................................................HR 1155 Burke County High School Bears football team; commend
and invite to House ............................................................................................HR 1139 Burnett, Cheyanne; commend ..............................................................................HR 1395 Burns, Robbie; Lindsay Scott; commend and invite to House.............................HR 1138 Bussey, Mr. Larry W.; commend .........................................................................HR 2029 Butcher, Ms. Stephanie Ray; commend ...............................................................HR 1960 Button Gwinnett Day; second Wednesday of April of 2012; recognize ..............HR 2030 "Buy DeKalb!" Initiative; recognize ....................................................................HR 1447 Byeok, Mr. Song; commend and invite to House ................................................HR 1382 Cadle, Jean Marie; commend ...............................................................................HR 1322 Cadle, Jean Marie; commend ...............................................................................HR 1434 Calhoun High School football team; commend and invite to House ...................HR 1131 Callaway, Mr. Howard H. "Bo"; commend and invite to House .........................HR 1979 Camden County High School wrestling team; commend ....................................HR 1631 Camden County High School wrestling team; commend and
invite to House ...................................................................................................HR 1379 Cameron, Brittany; commend...............................................................................HR 1289 Cancer Treatment Centers of America; commend ...............................................HR 2118 Cantrell, Alexandria; commend............................................................................HR 1924 Canup, Christine; commend .................................................................................HR 1397 Capitol Commission; Pastor Ron J. Bigalke; commend ......................................HR 1837 Cardinale, Mr. Matthew Charles; commend ........................................................HR 1620 Cardoza, Mr. Randy; commend............................................................................HR 2034 Career and Technical Education Month; recognize .............................................HR 1234 Carlton, Chad and Julie; commend.......................................................................HR 2099 Carter, Amy B.; commend....................................................................................HR 1321 Carter, Amy B.; commend....................................................................................HR 1432 Carter, Jody E.; commend ....................................................................................HR 1507 Castaneda, Alma Guadalupe; commend...............................................................HR 1484 Caylor, Pastor Max Carter; commend ..................................................................HR 2139 Center for Black Women's Wellness, Incorporated; recognize............................HR 1858 Central Georgia Electric Membership Corporation; commend............................HR 1988 Chamblee, Mr. John Henry; commend.................................................................HR 1995 Chapman, Jeffery Lyndon; commend ..................................................................HR 1723 Charles, Sheilia Raye; commend and invite to House .........................................HR 1567 Chastain, Ms. Blanche; commend ........................................................................HR 1831 Chatman, Ms. Valerie; commend .........................................................................HR 1905

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INDEX

Chatmon, Ms. Geri; commend .............................................................................HR 1692 Chattahoochee District; commend and invite to House .......................................HR 1525 Chesne, Megan; commend....................................................................................HR 1346 Children's Advocacy Centers Day; February 15, 2012; commend ......................HR 1383 Children's Advocacy Centers of Georgia; commend ...........................................HR 1254 Children's Day at the capitol; February 28, 2012; recognize ...............................HR 1600 Childs, Leigh; commend.......................................................................................HR 1861 Chitty, Troy, II; commend ...................................................................................HR 1864 Chitty, Troy, II; commend ....................................................................................HR 1990 CHRIS Kids Day; March 22, 2012; recognize ....................................................HR 1882 Christian Aid Mission Partnership; commend......................................................HR 1900 Christy, Katie; commend ......................................................................................HR 1893 Chronic Obstructive Pulmonary Disease Awareness Month;
May, 2012; proclaim..........................................................................................HR 1768 Civil Air Patrol Day; March 7, 2012; recognize ..................................................HR 1626 Clark, Lois; commend ..........................................................................................HR 1320 Clark, Lois; commend ..........................................................................................HR 1431 Clayton County Family Care, Incorporated; commend........................................HR 2002 Clayton County Parks and Recreation Department; commend............................HR 2048 Cleland, Mr. Max; commend................................................................................HR 1957 Coes, Alvie, III; commend and invite to House ...................................................HR 1223 Cole, Mr. Kevin; commend ..................................................................................HR 2110 Collins Hill High School softball team; commend...............................................HR 1910 Collins Hill High School wrestling team; commend............................................HR 1911 Collins, Brad; commend .......................................................................................HR 2095 Collins, Colonel Stanley Newcomb, Junior; commend........................................HR 1218 Collins, Jack; George Cook; recognize ................................................................HR 2135 Collins, Lynn; commend ......................................................................................HR 1492 Columbia High School boys basketball team; commend.....................................HR 1965 Columbia High School girls basketball team; commend .....................................HR 1966 Columbus Day; February 7, 2012; mayor and others; commend
and invite to House ...........................................................................................HR 1281 Columbus Day; February 7, 2012; recognize and invite mayor
and others to House............................................................................................HR 1180 Comcast; Leaders and Achievers and Internet Essentials Programs;
commend............................................................................................................HR 1587 Community Health Centers Day; February 9, 2012; commend
and invite leadership to House...........................................................................HR 1280 Conally, Hellen; commend ...................................................................................HR 1415 Concerned Black Citizens Coalition; recognize...................................................HR 1171 Cook, Mr. Tom; commend ...................................................................................HR 2149 Cooper, Representative Sharon; commend ..........................................................HR 1703 Coosa High School cheerleading squad; commend .............................................HR 1534

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INDEX

6319

Coosa High School cheerleading squad; commend .............................................HR 1938 Cordele-Crisp County Fish Fry; cooking team; recognize...................................HR 1296 Corinth Christian Church; honor ..........................................................................HR 1647 Corkery, Mr. Chris; commend..............................................................................HR 1354 Cotto, Kelsy; commend ........................................................................................HR 2098 Coweta Water Education Team; commend ..........................................................HR 1959 Coweta-Fayette-South Fulton County Forestry Unit; commend
and invite to House ............................................................................................HR 1527 Crabapple Lane Elementary School; commend ...................................................HR 1785 Cram, Coach Rusty; commend.............................................................................HR 1901 Criscoe, Duncan; commend..................................................................................HR 1200 Crumley, Caroline Hope; commend.....................................................................HR 1344 Culverton United Methodist Church; 100th anniversary; commend ...................HR 1932 Cutts, Mrs. Grace Virginia Richardson Humphrey; honor...................................HR 1450 Dahlke, Matthew M.; commend ...........................................................................HR 1362 D'AIR Project; commend......................................................................................HR 1445 Daniels, Maria W.; commend...............................................................................HR 1312 Daniels, Maria W.; commend...............................................................................HR 1435 Daniels, Mrs. Nannie Mullis; 102nd birthday; commend ....................................HR 1916 Davidson College men's basketball team; commend ...........................................HR 1819 Davidson, Alexis Carl; commend.........................................................................HR 1846 Davis, Deacon Joe K.; commend..........................................................................HR 1148 Davis, Kelly; commend ........................................................................................HR 1491 Davis, Liz; commend............................................................................................HR 1258 Davis, Reverend Eugene; commend.....................................................................HR 1314 Davis, Reverend Eugene; commend.....................................................................HR 1427 Dawsey, Kelsey; commend ..................................................................................HR 1413 Deal, First Lady Sandra; commend ......................................................................HR 2174 Decatur County Forestry Unit; commend and invite to House ............................HR 1526 Delta Sigma Theta Sorority, Incorporated; February 27, 2012, as Delta
Day at the state capitol; recognize .....................................................................HR 1762 Denman, Shirley Miller; commend ......................................................................HR 1583 Denmark, Doctor Leila; 114th birthday; celebrate...............................................HR 1236 Dennison, Chelsea Leigh; commend ....................................................................HR 1290 Dent, Reverend Rickey G.; commend ..................................................................HR 1840 Deremer, Matthew; commend ..............................................................................HR 1169 Derryberry, Lauren; commend .............................................................................HR 1288 Diabetic Peripheral Neuropathy Alert Day; June 20, 2012; recognize ................HR 2074 Dickerson Middle School; commend ...................................................................HR 1654 Dickey, Marjie Martin; 21st birthday; celebrate ..................................................HR 1632 Dilbeck, Mr. William; Mrs. Gail Dilbeck; commend ..........................................HR 1994 Dobbins Middle School; Paulding County Civics Day; commend ......................HR 1106 Dobbs, Representative Elly; commend ................................................................HR 2104

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6320

INDEX

Dodgen Middle School; commend .......................................................................HR 1656 Dodson, Mr. Henry David, Junior; commend ......................................................HR 1885 Dodson, Mr. Henry David, Junior; commend and invite to House......................HR 1743 Doss, Brenda N.; commend ..................................................................................HR 1518 Dougherty, Anna; commend.................................................................................HR 1201 Douglas County Chamber Singers; commend......................................................HR 1712 Douglas, Faith; commend.....................................................................................HR 1515 Douglass, Judge Orion L.; commend ...................................................................HR 1365 Down syndrome; need to raise awareness; recognize ..........................................HR 1725 Downs, Maddie; commend...................................................................................HR 1891 Drew, Master Sergeant Angela D.; commend......................................................HR 1624 Drinking Water Security Day at the state capitol; January 24, 2012;
recognize............................................................................................................HR 1136 Duffy, Brian; commend ........................................................................................HR 1724 Dunaway, William David; commend ...................................................................HR 1478 Dunn, Coy J., Junior; commend ...........................................................................HR 1686 Dykes, Stephanie Nichole; commend...................................................................HR 1936 Eagle Scout and Gold Award Scout Day; February 16, 2012; recognize ............HR 1276 East Side Elementary School; commend..............................................................HR 1661 Edge, Officer Mark; commend .............................................................................HR 1855 Edmondson, Jill; commend ..................................................................................HR 1358 Effingham County Day at the Capitol; January 23, 2012; recognize...................HR 1112 Effingham YMCA Christian Leadership Academy; recognize............................HR 1111 Elison, Alonzo; commend ....................................................................................HR 1402 Ellenburg, Ms. Alana; commend..........................................................................HR 1935 Ellenburg, Ms. Alana; commend..........................................................................HR 2080 Ellison, Wanda S.; commend ...............................................................................HR 1299 Ellison, Wanda S.; commend ...............................................................................HR 1437 Emanuel County; bicentennial; commend............................................................HR 1538 Emanuel County; commend .................................................................................HR 1555 Emergency Medical Services Day; February 8, 2012; recognize ........................HR 1274 End the Commercial Sexual Exploitation of Children Day;
February 1, 2012; recognize ..............................................................................HR 1242 English, Apostle Sanjay; commend......................................................................HR 1843 Epsilon Nu Chapter of Kappa Alpha Order; commend........................................HR 2172 Equine Youth Day at the state capitol; February 7, 2012; recognize...................HR 1146 Eta Phi Beta Sorority, Incorporated; 70th anniversary; commend.......................HR 1909 Farmer, Ms. Dwanda; commend ..........................................................................HR 1802 Ferrell, Ms. Tiana; commend ...............................................................................HR 2120 Filpo, Ana; commend ...........................................................................................HR 1396 Fire Station 19 firefighters; commend..................................................................HR 1769 Firefighters Appreciation Day; February 7, 2012; recognize...............................HR 1271 Fitzner, Tripp; commend ......................................................................................HR 1304

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6321

Fitzner, Tripp; commend ......................................................................................HR 1419 Fletcher, Sahara; commend ..................................................................................HR 1889 Flowers, Jordan; commend...................................................................................HR 1888 Floyd, Don; Covington Fire Chief; recognize ......................................................HR 1101 Forest Park High School; commend.....................................................................HR 2056 Forest Park Teen Council; commend ...................................................................HR 1751 Forest Park Teen Council; commend ...................................................................HR 2197 Forest Park Teen Council; commend and invite to House ...................................HR 1615 Forrest Hill Academy; commend .........................................................................HR 2001 Fors, Andrea; commend........................................................................................HR 1444 Foster, Mrs. Runell "Nell" Brooks; commend .....................................................HR 1986 Fowler, John Thomas, Junior; commend..............................................................HR 1913 Fowler, Mr. W. Wyche, Junior; commend ...........................................................HR 1956 Frank N. Osborne Middle School; commend and invite principal to
House .................................................................................................................HR 1168 Franklin, Doctor Robert Michael; commend and invite to House .......................HR 1327 Fulwood, Mary; 75th birthday; celebrate .............................................................HR 1251 Future Farmers of America; commend and invite to House ................................HR 1241 Gainesville High School Academic Bowl team; commend .................................HR 2006 Gale, Officer Courtney; commend .......................................................................HR 1815 Garcia, Rob; commend .........................................................................................HR 1183 Garrett, Mrs. Sabrina; commend ..........................................................................HR 2040 Gateway Martial Arts; commend .........................................................................HR 2067 Gatewood School girls basketball team; commend and invite to House .............HR 1746 Genocide Prevention and Awareness Month; commend and
invite coalition to House ....................................................................................HR 1570 Genocide Prevention/Awareness Month; recognize and invite
coalition to House .............................................................................................HR 1830 Georgia Academy of Audiology Day; February 29, 2012; recognize..................HR 1616 Georgia Asian Pacific American Day; February 9, 2012; recognize ...................HR 1172 Georgia Association of Homes and Services for Children; recognize .................HR 1456 Georgia Conservation Voters; Mayor Kasim Reed; commend............................HR 2026 Georgia Day; September 25, 2012; recognize......................................................HR 1649 Georgia Dental Association's Georgia Mission of Mercy; recognize ..................HR 1245 Georgia Department of Public Safety; recognize .................................................HR 1883 Georgia Emergency Management Agency (GEMA) Recognition Day;
February 8, 2012; recognize ..............................................................................HR 1273 Georgia Farm Bureau Federation Day; February 14, 2012; commend
and invite members to House ............................................................................HR 1144 Georgia Food Bank Association Day at the capitol; February 1, 2012;
recognize............................................................................................................HR 1227 Georgia Green Industry Association; commend ..................................................HR 1188 Georgia Institute of Technology; commend.........................................................HR 1250

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Georgia Links Day; March 14, 2012; recognize ..................................................HR 1670 Georgia Music Day; January 24, 2012; commend and invite
musicians to House ............................................................................................HR 1143 "Georgia On My Mind"; 33rd anniversary; recognize and invite
daughter to House ..............................................................................................HR 1566 Georgia Peach Festival; commend and invite Peach Queens to House ...............HR 1278 Georgia Perimeter College; commend .................................................................HR 2073 Georgia Pre-K Week; first week of October, 2012; recognize ............................HR 1860 Georgia Rural Health Association; commend ......................................................HR 1334 Georgia School Choice Week at the capitol; January 22-28, 2012;
recognize............................................................................................................HR 1173 Georgia State Patrol Post 42; Department of Driver Services; commend ...........HR 1884 Georgia State University; commend and invite representatives to House ...........HR 1224 Georgia State University's Legislative Health Policy Certificate
Program; invite instructors to House .................................................................HR 1240 Georgia students of Classical Conversations, Incorporated; commend ...............HR 1520 Georgia Tech Cooperative Education Program; commend..................................HR 1553 Georgia Tech Student Day at the capitol; recognize ............................................HR 1100 Georgia Tech women's basketball team; commend .............................................HR 1985 Georgia Tech; G. Wayne Clough Georgia Tech Promise Scholarship;
commend............................................................................................................HR 1270 Georgia Water Conservation Week; June 10-16, 2012; recognize ......................HR 1963 Georgia's cooperatives; 2012 as International Year of Cooperatives;
recognize............................................................................................................HR 1772 Gibbons, Mr. Hartley, Junior; commend..............................................................HR 1839 Giddens, Spencer; commend ................................................................................HR 1556 Giles, Mrs. Hope; commend.................................................................................HR 1606 Giles, Shelby; commend.......................................................................................HR 1633 Gilmer High School robotics team; commend .....................................................HR 1473 Gilmer High School wrestling team; commend and invite to House...................HR 1735 Girl Scouts Day at the state capitol; February 7, 2012; recognize .......................HR 1211 Gober, Isaiah; commend.......................................................................................HR 1512 Gober, Joshua; commend .....................................................................................HR 1513 Goggins, Austin David; commend .......................................................................HR 2127 Golden Isles Aviation; commend .........................................................................HR 1987 Gomez, Colonel Rainer G.; commend..................................................................HR 1533 Good Growth DeKalb; commend.........................................................................HR 2064 Gordon Lee High School wrestling team; commend ...........................................HR 2169 Gordy, Mark; commend........................................................................................HR 1416 Goree, Jessie; commend .......................................................................................HR 1630 Gould, Ms. Julia; commend..................................................................................HR 1847 Grap, Courtney; commend....................................................................................HR 1231

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6323

Gray Elementary School; Dole Food Company; commend and invite representatives to House..........................................................................HR 1739
Gray, Jeanie V.; 100th birthday; commend..........................................................HR 1284 Grayson High School football team; commend ...................................................HR 2013 Great American Cleanup in Georgia; kickoff; recognize.....................................HR 2137 Greater Atlanta McDonald's Operators Association; recognize...........................HR 1221 Green, Deandra; commend ...................................................................................HR 1409 Greer, Mr. Fred W., Junior; commend ................................................................HR 1984 Griffin, Donald; commend....................................................................................HR 1209 Griffin, Kenneth W.; commend............................................................................HR 1315 Griffin, Kenneth W.; commend............................................................................HR 1428 Groves High School; Dole Food Company; commend and invite
representatives to House ....................................................................................HR 1740 Guilbeau, Lisa Hutto; recognize...........................................................................HR 1113 Gunn, Beau J.; commend......................................................................................HR 1311 Gunn, Beau J.; commend......................................................................................HR 1425 Habersham Christian Learning Center, Incorporated; commend.........................HR 2005 Hadassah; 100th anniversary; commend ..............................................................HR 1586 Hamby, Bobby; commend ....................................................................................HR 1219 Hampton, Lakeisha Nashay; commend ................................................................HR 1487 Hanner, Representative Bob; commend ...............................................................HR 2088 Hapeville Elementary School; commend .............................................................HR 1758 Hapeville, City of; commend................................................................................HR 2124 Harp Minter Elementary School; commend.........................................................HR 1787 Hayes, Ms. Laura; commend ................................................................................HR 1934 Hayslett, Ms. Marlit; commend............................................................................HR 1766 Heaberlin, Doctor Bob; commend and invite to House .......................................HR 1565 Heard Mixon Elementary School; Dole Food Company; commend
and invite representatives to House ...................................................................HR 1741 Hecht, William H. "Bill"; commend and invite to House ....................................HR 2016 Heckstall, Representative Joseph B.; commend...................................................HR 2103 Hedgpeth, Victor; commend.................................................................................HR 1548 Hemophilia of Georgia Day; March 1, 2012; recognize ......................................HR 1573 Henderson Mill Elementary School; commend ...................................................HR 2129 Henderson, Heyley Nicole; commend..................................................................HR 1508 Hendricks, Scott; commend..................................................................................HR 1203 Hendricks, Skylar R.; commend...........................................................................HR 1502 Henry County E2: Economics and Education Task Force; commend .................HR 2145 Henry County Middle School's art classes; commend .........................................HR 1726 Henry W. Grady High School Mock Trial Team; commend ...............................HR 2086 Henry, Matt; commend.........................................................................................HR 1310 Henry, Matt; commend.........................................................................................HR 1424 Henry, Mrs. Carolyn; commend ...........................................................................HR 2023

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Herbert, Heather Erin; commend..........................................................................HR 1509 Heritage High School girls cross country team; commend and
invite to House ...................................................................................................HR 1336 Heritage High School wrestling team; commend.................................................HR 2049 Hernandez, Stephanie; commend .........................................................................HR 1404 Herrel, Kristin Theresa; commend ......................................................................HR 1483 Herring, Reverend James Richard, Senior; commend..........................................HR 1333 Higginbotham, Miss Laurel Noelle; commend ....................................................HR 1817 Hightower Trail Middle School; commend..........................................................HR 1655 Hightower, Mr. Michael; commend .....................................................................HR 2061 Hill, Ms. Sharon J.; commend ..............................................................................HR 2200 Hind, Kay H.; commend ......................................................................................HR 1563 Hinton, Mr. Russell; commend.............................................................................HR 2083 Hiram High School team of pre-engineering students; commend .......................HR 2045 Historic Bennett Union Missionary Baptist Church; commend...........................HR 1765 History Markers; Houston, Georgia; commend ...................................................HR 2188 Hodges, Bishop Brian Keith; commend ...............................................................HR 1458 Holman, Steve; commend.....................................................................................HR 1372 Holy Innocents' Episcopal Church; recognize......................................................HR 1118 Honor Guard of Shanklin-Attaway Post Five American Legion;
commend............................................................................................................HR 2112 Hope, Shane; commend ........................................................................................HR 1597 Hope, Shane; commend and invite to House........................................................HR 1590 Hopkins, Ms. Sherry Rochelle; commend............................................................HR 1702 Hopper, Mark; commend......................................................................................HR 1598 Hopper, Mark; commend and invite to House .....................................................HR 1591 Horne, Representative William; commend ..........................................................HR 2107 Houk, Julian; commend ........................................................................................HR 1896 House Interns for 2012 Regular Session; commend ............................................HR 1752 Houston, Lillian "Lila" Teague; celebrate birth ...................................................HR 1157 Houston, Ms. Ann Louise; commend...................................................................HR 2044 Howard, Tony; Senior Police Officer; commend.................................................HR 1877 Huddleston Elementary School; commend ..........................................................HR 1778 Hudson, Representative Helen G. "Sistie"; commend .........................................HR 2108 Hudson, Representative Helen "Sistie"; commend ..............................................HR 2101 Hugh Hodgson School of Music; University of Georgia; honor..........................HR 1464 Hughes, Mr. Arthur; commend.............................................................................HR 2025 Hungary Day; February 18, 2012; recognize and invite ambassador
to House .............................................................................................................HR 1279 Hunt, Devontae; commend ...................................................................................HR 1401 Hunt, Mr. Kevin; commend..................................................................................HR 1923 Hunter, Coach Ron; commend .............................................................................HR 1823 Hunter, David; commend .....................................................................................HR 1579

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6325

Hunter, Nancy Smith; commend ..........................................................................HR 1580 Hutchinson, Michelle; commend..........................................................................HR 1316 Hutchinson, Michelle; commend..........................................................................HR 1426 Hutson, Yolanda; commend .................................................................................HR 1393 Hynes, Doctor Thomas J. "Tim", Junior; commend.............................................HR 1973 Infant nutrition; breast feeding; recognize importance ........................................HR 1124 Iverson, Brother John W., Senior; commend .......................................................HR 1294 Ivy, Mrs. Mattie Wilcox; commend .....................................................................HR 2178 J.C. Booth Middle School; commend...................................................................HR 1776 J.E. Edmonds Elementary School; commend.......................................................HR 1803 Jack, Reba Shelby; commend ...............................................................................HR 1257 Jackson, Ashleigh; commend ...............................................................................HR 1865 Jackson, Doctor John A.; commend ....................................................................HR 1974 Jackson, Edwin; commend and invite to House ...................................................HR 1222 Jackson, Ms. Lisa P.; commend ...........................................................................HR 2059 Jackson, Valerie; commend ..................................................................................HR 1394 James, Representative Lynmore; commend .........................................................HR 2102 Japan; recovery and rebuilding efforts; commend ...............................................HR 1761 Jarrell, Mr. Lannie Southwell, III; Stacye Jarrell; commend
and invite to House ............................................................................................HR 1810 Jasper County; commend......................................................................................HR 1968 Jeanty, Shania; commend .....................................................................................HR 1403 Jeffords, Stephanie Grace; commend ...................................................................HR 1503 Jessie, Ms. Iris B.; commend ................................................................................HR 1982 Johnson, Elizabeth Page; commend .....................................................................HR 1357 Johnson, Mr. Joseph "Joe" Burton; Mrs. Ruby Elizabeth Johnson;
commend............................................................................................................HR 1997 Johnson, Mrs. Annie Burns; commend ................................................................HR 1993 Johnson, Ms. Cora Lee; commend .......................................................................HR 1964 Johnson, Ms. Daisy Mae; commend.....................................................................HR 2111 Johnson, Stewart Van; commend .........................................................................HR 1944 Jones, Dennis; commend ......................................................................................HR 1309 Jones, Dennis; commend ......................................................................................HR 1438 Jones, Laura M.; commend ..................................................................................HR 1504 Jordan, Mrs. Julie; commend................................................................................HR 2144 Joshua Project Worldwide; commend ..................................................................HR 1899 Kate's Club Grief Awareness Day; March 1; commend and
invite directors to House ....................................................................................HR 1569 Kauffmann, James Thomas; commend ................................................................HR 1480 Kedron Elementary School; commend.................................................................HR 1788 Kelley Family; commend .....................................................................................HR 1576 Kelsey, Elizabeth; commend ................................................................................HR 1256 Kemp, Jennifer; commend....................................................................................HR 1863

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INDEX

Kennell, Timothy I.; commend.............................................................................HR 1516 Kent, Ms. Sandy; commend .................................................................................HR 1869 Khojaly Massacre; memory of victims; honor .....................................................HR 1594 Kilpatrick, Mrs. Krisztina; commend ...................................................................HR 2131 Kim, General He-beom; South Korean Consulate; commend
and invite to House ............................................................................................HR 1338 Kindness Week at the capitol; second week in November; recognize.................HR 1302 King, Mr. Raymond; president; Zoo Atlanta; commend and
invite to House .....................................................................................................HR 523 Kingdom of Denmark; commend and invite representatives to House................HR 1466 Knight, Mr. Phillip; commend..............................................................................HR 1862 Knight-Ofosu, Doctor Pauline; commend ............................................................HR 1697 Kustra, Thomas; Trooper First Class; commend..................................................HR 1596 Kustra, Thomas; Trooper First Class; commend and invite to House .................HR 1589 LaFavor, Deacon Franks; 100th birthday; congratulate .......................................HR 1175 Laible, Brenden; commend...................................................................................HR 1634 Lakeside High School; commend.........................................................................HR 1750 Lamar, Ms. Ashley; commend .............................................................................HR 1903 Lance, Haley; commend .......................................................................................HR 1208 Landreth, Ms. Barbara; commend ........................................................................HR 1680 Larmon, Fallon Lee; commend ............................................................................HR 1291 Lassiter High School swim and dive team; commend and invite to House ...........HR 552 Leadership Paulding 22; commend ......................................................................HR 1330 Leadership Sandy Springs; commend ..................................................................HR 1217 LeBrun, Melissa; commend..................................................................................HR 1210 Ledel, Matthew; commend ...................................................................................HR 1638 Lee, Doctor Darrell; commend .............................................................................HR 2091 Lee, Miss Vicki; commend...................................................................................HR 1969 Lee, Mr. Keon; commend.....................................................................................HR 2113 Legislative Livestock Showdown; recognize .......................................................HR 1247 Lembeck, Doctor Emily; commend and invite to House .....................................HR 1167 Lemon, Ms. Dana; commend ...............................................................................HR 1701 Lennon, Ms. Janulyn Yvette; commend...............................................................HR 1708 Lepzelter, Mr. Cary; commend.............................................................................HR 1356 Lewis, Bryant F.; commend .................................................................................HR 1308 Lewis, Bryant F.; commend .................................................................................HR 1420 LifeSouth Community Blood Centers; Five Points of Life Foundation;
commend............................................................................................................HR 1666 Little, Grace; commend ........................................................................................HR 1572 Little, James Gardner; commend..........................................................................HR 1499 Little, Mrs. Mattie Ruth; 100th birthday; commend ............................................HR 1773 Log Cabin Community Church; commend ..........................................................HR 2142 Lott, Charles A. "Tripp", III; commend ...............................................................HR 1537

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6327

Love, Frank; commend.........................................................................................HR 1890 Lovel, Nina; commend .........................................................................................HR 1584 Lu, Mr. Chris; commend ......................................................................................HR 1813 Lucier, Mr. Leonardo "Leo", Senior; commend...................................................HR 2028 Lucy C. Laney High School boys basketball team; commend.............................HR 2066 Lupus Awareness Day; February 15, 2012; recognize.........................................HR 1244 Luther Judson Price Middle School football team; commend .............................HR 1687 Luther Rice Seminary; commend .........................................................................HR 1340 Mack, Ms. Deborah; commend ............................................................................HR 1695 Macon Day; February 29, 2012; recognize and invite public
officials to House ...............................................................................................HR 1467 Maddox, Honorable Gene; commend...................................................................HR 1475 Maddox, Reverend Charlie James, Senior; commend..........................................HR 2183 Madison Hardware and Supply; commemorate ...................................................HR 1170 Madison Hardware and Supply; commemorate ...................................................HR 1220 Madison Hardware and Supply; commend ..........................................................HR 1135 Magda, Martin; commend ....................................................................................HR 1300 March of Dimes Day; March 5, 2012; recognize .................................................HR 1635 Masiarczyk, David; commend ..............................................................................HR 1477 Maxwell, Lauren; commend.................................................................................HR 1301 May, Krystalyn; commend ...................................................................................HR 1902 McCain, Ms. Susan; commend.............................................................................HR 1943 McCauley, Charlotte; commend...........................................................................HR 1462 McClain, Mr. Dewey Loren; commend................................................................HR 2201 McClain, Mr. Dewey Loren; commend and invite to House ...............................HR 1744 McConnell, Mary Beth; commend .......................................................................HR 1494 McCrary, Sister Madeline; commend...................................................................HR 2032 McDaniel, Honorable Hugh Lee; commend.........................................................HR 1798 McDeermond, Ryan; commend............................................................................HR 1558 McDonald, Reverend Timothy, III; commend .....................................................HR 1690 McEachern High School girls basketball team; commend and
invite to House ...................................................................................................HR 1875 McGaha, Doctor Gary A.; commend....................................................................HR 2060 McIntosh High School; commend........................................................................HR 1791 McKee, Mr. Richard; commend ...........................................................................HR 1685 McKenzie-Jackson, Doctor Traci; commend .......................................................HR 1820 McMahon, Major General Robert; commend ......................................................HR 1682 McNabb, Mr. Mike; commend .............................................................................HR 2185 McNally, Meggan; commend ...............................................................................HR 1557 Meadows, Jennifer Anne M.; commend...............................................................HR 1319 Meadows, Jennifer Anne M.; commend ..............................................................HR 1430 Mercier, Ms. Adele; commend .............................................................................HR 1681 Meredith, Reverend Dennis A.; commend ...........................................................HR 1804

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INDEX

Mergele, Diane; commend ...................................................................................HR 1355 Mermans, Nicole; commend.................................................................................HR 1373 Metropolitan North Georgia Water Planning District; commend ........................HR 1799 Middlebroooks, Mr. Steve; commend ..................................................................HR 2007 Milledgeville Day; February 15, 2012; recognize................................................HR 1384 Miller Grove High School boys basketball team; commend................................HR 1971 Miller Grove High School girls basketball team; commend ................................HR 1970 Miller, CeVontae Marque; commend and invite to House...................................HR 1179 Millican, Staff Sergeant Scott; commend.............................................................HR 1945 Mills, Ms. Helene S.; commend ...........................................................................HR 1688 Milton High School boys basketball team; commend..........................................HR 1832 Milton High School boys basketball team; commend and invite to House .........HR 1848 Milton High School girls lacrosse team; commend..............................................HR 1833 Mincey, Katherine A.; commend .........................................................................HR 1493 Miss Suwanee pageant; recognize........................................................................HR 1470 Montgomery, Terri; commend .............................................................................HR 1866 Moraga, William; commend.................................................................................HR 1939 Morgan, Bruce; commend ....................................................................................HR 1887 Morgan, Frances L.; commend.............................................................................HR 1174 Morgan, Mrs. Jean Anderson; commend..............................................................HR 2037 Morrill Act; recognize and invite UGA president to House.................................HR 1747 Morris, Angel; commend......................................................................................HR 1317 Morris, Angel; commend......................................................................................HR 1436 Mosher, Deana Lynn; retirement; congratulate and invite to House....................HR 1850 Mosley, Ms. Faye; commend ...............................................................................HR 2153 Mosley, Ms. Vernell; commend ...........................................................................HR 1691 Moultrie, Ms. Martha Collins Lynch; commend..................................................HR 1663 Mountain View High School; commend ..............................................................HR 1914 Mount Bethel Elementary School; commend.......................................................HR 1652 Mullis, Victoria; commend...................................................................................HR 1517 Munford, Ms. Lottie Mae Reid; 100th birthday; honor........................................HR 1794 Murdock Elementary School; commend ..............................................................HR 1660 Murphy, Mr. Jerry Ray; commend .......................................................................HR 2198 Murray, Anne Tanner; commend .........................................................................HR 1870 Napier, Lindsey; commend...................................................................................HR 1933 National Alumnae Association of Spelman College-Atlanta
Chapter Day; February 17; recognize................................................................HR 1455 National Association of Black Social Workers; commend ..................................HR 1729 National Groundwater Awareness Week; March 11-17, 2012; recognize...........HR 1812 National Guard Day; February 22, 2012; recognize and invite to House ............HR 1522 National Organization of Black County Officials, Incorporated; commend........HR 2053 National Wear Red Day; February 3, 2012; recognize ........................................HR 1297

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6329

National Women's Health Week in Georgia; May 13 though 19, 2012; recognize............................................................................................................HR 2027
Nayak, Simola; commend.....................................................................................HR 2022 Neely, Doctor Phillip R., Junior; commend .........................................................HR 2119 Nelson, Deborah; commend .................................................................................HR 1390 Ness, Chip; commend...........................................................................................HR 1980 Neufeldt, Whitney; commend...............................................................................HR 1560 Newton, Cameron Jerrell "Cam"; Heisman Trophy; commend
and invite to House ..............................................................................................HR 522 Nexxtep Technology Services; recognize ............................................................HR 1347 Nimmer, Ava Brooke; birth; celebrate .................................................................HR 1349 Nimmer, Mr. William T.; commend.....................................................................HR 1753 Noibi, Doctor Abayomi "Yomi"; commend.........................................................HR 1857 North Fayette Elementary School; commend.......................................................HR 1783 North Georgia College and State University; commend and
invite president to House ...................................................................................HR 1153 Northlake Community Alliance, Inc.; commend..................................................HR 1718 Norton, Mr. Gary; commend ................................................................................HR 1917 Ogburn, Chrystal; commend.................................................................................HR 1386 Ogeechee Technical College; commend and invite president to House ..............HR 1182 Oglesby, Mr. Morris; commend ...........................................................................HR 1836 Oh, Doctor Sang Wan; commend.........................................................................HR 1760 Oliver, Ms. Beulah Rucker; commend .................................................................HR 1601 Oliver, Ms. Beulah Rucker; commend .................................................................HR 2024 Omega Psi Phi Fraternity, Incorporated, Day; March 13, 2012;
commend and invite to House ...........................................................................HR 1742 Onabanjo, Doctor Babs Olusegun; commend ......................................................HR 2176 Ortiz, Abraham; commend ...................................................................................HR 1485 Owen, Andrew; commend ....................................................................................HR 1941 Oyler, Donnan; commend.....................................................................................HR 1207 Pace, Mr. Charm; commend .................................................................................HR 1907 Painter, Sharon; commend....................................................................................HR 1385 Parham, Sandra; commend ...................................................................................HR 1190 Park, Edo Miller; recognize..................................................................................HR 1298 Parker, Shelia; commend ......................................................................................HR 1387 Parker, Vicki; commend .......................................................................................HR 1199 Patrick Henry statue; artist; committee; businesses; honor..................................HR 1955 Patterson, Chief Samuel F.; commend .................................................................HR 1628 Payne, Mrs. Susan; commend...............................................................................HR 1929 Peachtree City Elementary School; commend .....................................................HR 1781 Peanut Butter and Jelly Day; March 6, 2012; commend......................................HR 1719 Pearson, Monica; commend and invite to House .................................................HR 1604 Peek's Chapel Baptist Church; recognize .............................................................HR 1471

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Peeples Elementary School; commend.................................................................HR 1789 Peppers, Mrs. Anne Shepherd; commend ............................................................HR 1156 Perry, Ms. Hattie Mae; commend.........................................................................HR 2093 Perry, Shari Dyon; commend ...............................................................................HR 1332 Pettigrew, A.J.; commend.....................................................................................HR 1292 Phi Theta Kappa; commend .................................................................................HR 1844 Phil Streetman Day; March 22, 2012; recognize..................................................HR 1818 Piedmont Academy's football team; commend ....................................................HR 1989 Piedmont Academy's One-Act Play; commend ...................................................HR 1992 Piedmont Newman Hospital; Piedmont Healthcare; commend ...........................HR 1950 Pike, Sydnie; commend ........................................................................................HR 1931 Pirates Day on Lake Lanier; July 21, 2012; recognize.........................................HR 2062 Plummer, Mr. Kris; commend..............................................................................HR 1363 Pollard, Eddie; commend and invite to House .....................................................HR 1546 Poole, Ms. Monica; commend ..............................................................................HR 2132 Pope High School; commend ...............................................................................HR 1659 Popham, Mrs. Sandra; commend..........................................................................HR 1921 Poultry farmers; commend ...................................................................................HR 1417 Powell, Zachary; commend ..................................................................................HR 1108 Powers, Honorable Georgia Montgomery Davis; commend ...............................HR 1699 Pritchard, Ms. Amy; commend.............................................................................HR 1904 Professional Social Workers Month; March, 2012; recognize.............................HR 1665 Prostate Cancer Awareness Month; September, 2012; recognize........................HR 1854 Purcell, Firefighter Jim; commend .......................................................................HR 2117 Queen, Mr. Arthur; commend ..............................................................................HR 1694 Rainey, Lex; commend.........................................................................................HR 1662 Rainey, Libby; commend .....................................................................................HR 1192 Randall, Honorable William C.; commend ..........................................................HR 1706 Randall, Mr. Andre Kenneth "Chase"; commend ................................................HR 1757 Randall, Representative Nikki; commend ............................................................HR 1698 Ratti, Mrs. Cathy D.; commend............................................................................HR 2195 Ray, Richard; recognize........................................................................................HR 1213 Razooly, Claudia; commend.................................................................................HR 1391 Redding, Erika; commend ....................................................................................HR 1892 Redmon, Susan; commend ...................................................................................HR 1364 Reed, Doctor Sandra B.; commend ......................................................................HR 1880 Reformed Theological Seminary; commend........................................................HR 1952 Reid, Pastor W.J.; commend ................................................................................HR 1851 Reising, Ryan; commend......................................................................................HR 1912 Rhodes, Doctor William H., Junior; commend ....................................................HR 1721 Richard, Nicole; commend ...................................................................................HR 1191 Richardson, Mrs. Evelyn; 78th birthday; celebrate ..............................................HR 1253 Richmond Baptist Church; 115th anniversary; commend....................................HR 1918

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Richt, Mark; commend and invite to House.........................................................HR 1225 Richt, Mark; commend and invite to House.........................................................HR 1339 Ringo, Jennifer; commend....................................................................................HR 1360 Rising Starr Middle School; commend ................................................................HR 1786 Rivers, Mr. Robert E. "Robby", Junior; commend...............................................HR 2100 Roberts, Andrew Andersen; commend.................................................................HR 2072 Roberts, Andrew Andersen; commend.................................................................HR 2085 Roberts, Chip; commend ......................................................................................HR 1194 Roberts, Marie H.; commend ...............................................................................HR 1531 Robertson, Ms. Shelitha; commend......................................................................HR 1805 Robinson, Jeunelle; commend ..............................................................................HR 1411 Robinson, Judge Dorothy A.; commend ..............................................................HR 2141 Robinson, Mrs. Lisa; commend............................................................................HR 1822 Rocky Mount Elementary School; commend.......................................................HR 1657 Rodgers, Officer Jeff; commend ..........................................................................HR 1856 Rodriguez, Daniela; commend .............................................................................HR 1407 Rodriguez, Elias; commend..................................................................................HR 1412 Rogers, Rachel; commend ....................................................................................HR 1581 Rose, Sandra; commend .......................................................................................HR 1408 Ross, Mr. Danny; commend .................................................................................HR 1715 Roswell Rotary Club; commend...........................................................................HR 1536 Rowland, Toni; commend ....................................................................................HR 1410 Sadowski, Hannah Blake Stute; commend...........................................................HR 1498 Saint Patrick's Day Parade Committee; commend ...............................................HR 1667 Samuel Chapter #9 of the Order of the Eastern Star; commend ..........................HR 1886 Samuel Chapter #92; Order of the Eastern Star; President Kay
Jackson; commend.............................................................................................HR 2058 Sandy Creek High School; commend...................................................................HR 1779 Santangelo, Mr. Leonard; commend ....................................................................HR 1625 Sapp, Mr. James T.; commend .............................................................................HR 1838 Sasso, Sophia; commend ......................................................................................HR 1345 Savannah Chapter #159 of the Order of the Eastern Star, Prince Hall;
recognize............................................................................................................HR 1607 Scamihorn, Cheryl; commend ..............................................................................HR 1867 Scamihorn, Cheryl; commend ..............................................................................HR 1991 Schrock, Raun; commend.....................................................................................HR 1189 Scott, Doctor Beverly A.; commend and invite to House ....................................HR 1679 Screven County Development Authority; commend ...........................................HR 2123 Segars, Matthew Jonathon; commend ..................................................................HR 2079 Sellers, Matthew; commend .................................................................................HR 1511 Sellers, Matthew; commend and invite to House .................................................HR 1105 Senior Week; February 20 to February 26, 2012; recognize................................HR 1295 Seydel, Ms. Laura Turner; commend ...................................................................HR 2057

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Shah, Neil; commend............................................................................................HR 1307 Shah, Neil; commend............................................................................................HR 1423 Shah, Tirth Devang; commend .............................................................................HR 1361 Shallowford Falls Elementary School; commend ................................................HR 1658 Shaw, Kristin; commend ......................................................................................HR 1486 Shealy, Bryan; commend......................................................................................HR 1582 Shehan, Matt; commend .......................................................................................HR 1122 Sherman, Ms. Daphne; commend.........................................................................HR 2009 Sherrod, Mrs. Shirley; commend and invite to House ...........................................HR 259 Sherwood Baptist Church; commend and invite to House...................................HR 1323 Sibilly, Ms. Lorette A.; commend ........................................................................HR 1816 Siege of Beirut; 30th anniversary; lost veterans; recognize and honor ................HR 1983 Siffles, Brandon; commend ..................................................................................HR 2114 Silveri, Shekema; commend and invite to House.................................................HR 1178 Simmons, Mary Hudmon; 100th birthday; celebrate ...........................................HR 1235 Simmons, Mary Hudmon; 100th birthday; honor ................................................HR 1767 Sims, Mother Clara Georgia; commend ...............................................................HR 1998 Skin Cancer Awareness Day; February 29, 2012; recognize ...............................HR 1460 Sloan, Holly; commend ........................................................................................HR 1474 Smalls-Muldrow, Kenneth; commend..................................................................HR 1554 Smith, Bud; commend ..........................................................................................HR 1578 Smith, Ms. Grace Sophia Francis; commend .......................................................HR 1593 Southside Church of Christ; Valdosta; 60th anniversary; recognize....................HR 1248 Southwest Airlines; commend and invite David Ridley to House .......................HR 1166 Southwest Airlines; recognize ..............................................................................HR 1145 Sparks, James; commend......................................................................................HR 1637 Spikes, Ms. Schlonda; commend..........................................................................HR 1906 Spillers, Gary; commend and invite to House......................................................HR 1380 Sportsmen's and Coastal Day; February 8, 2012; recognize ................................HR 1275 Spraetz, Ms. Cathy Willis; commend...................................................................HR 1859 Sprayberry High School; commend .....................................................................HR 2000 Spring Hill Elementary School; commend...........................................................HR 1792 Spry, Coach Ronnie O.; commend .......................................................................HR 2190 Stafford, Nicole; commend...................................................................................HR 1894 Stancel, Annie; commend.....................................................................................HR 1232 Stanford, Mr. Detrick; commend..........................................................................HR 2084 Stanley, Ellean; commend ....................................................................................HR 1406 Stanley, Reverend David L., Senior; commend ...................................................HR 1842 Starnes, Ms. Jane; commend ................................................................................HR 1671 Starr's Mill High School; commend .....................................................................HR 1784 State of Israel; commend ......................................................................................HR 2054 State YMCA of Georgia's Youth Assembly; commend.......................................HR 1754

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State YMCA of Georgia's Youth Assembly; commend and invite participants to House ...............................................................................HR 1828
Steelnack, Mr. Robert; commend .........................................................................HR 1942 Stephens County High School girls softball team; commend ..............................HR 1947 Stephens County High School skills team; commend..........................................HR 1946 Stephens, Ms. Ovis; commend .............................................................................HR 1755 Stewart Foundation, The; President Hank Stewart; commend.............................HR 2179 Stone, Mr. Larry; commend .................................................................................HR 1636 Strength, Sheriff Ronald; commend and invite to House.....................................HR 1876 Strickland, Justin; commend.................................................................................HR 1198 Stuart, Reverend David; commend.......................................................................HR 2130 Sumner, Greg; commend ......................................................................................HR 1577 Sumter County; commend ....................................................................................HR 1967 Swain, Charlene; commend ..................................................................................HR 1206 Swanson, Ms. Betty; commend ............................................................................HR 2082 Sweet Shoppe; owners Nikki Gribble and Susan Catron; commend
and invite to House ............................................................................................HR 1641 Sylvania Information Center; 50th anniversary; commend..................................HR 1915 Taiwan; relations with the United States; commend ............................................HR 1646 Talbotton Baptist Church; commend....................................................................HR 1463 Tankersley, Mr. Cliff; commend ..........................................................................HR 1476 Tanner, Anthony; commend .................................................................................HR 1613 Tanner, Margaret; commend ................................................................................HR 1547 Tattnall Square Academy Trojans football team; commend................................HR 1469 Taylor, Catherine; commend ................................................................................HR 1405 Taylor, Doctor John C.; commend and invite to House .......................................HR 1568 Tea Party Day on Capitol Hill; February 22, 2012; recognize.............................HR 2193 Terry College of Business at the University of Georgia; commend ....................HR 1958 Terry College of Business; Executive Master of Business Administration
program; commend ............................................................................................HR 1796 The Brickery in Sandy Springs, Georgia; 20th anniversary; commend...............HR 1795 The Home Depot Foundation; commend .............................................................HR 2151 The Latin American Association; commend ........................................................HR 2167 Thomas, Cody; commend.....................................................................................HR 2041 Thomas, Deacon Sally; 100th birthday; celebrate................................................HR 1283 Thomas, Miss Sadie; commend............................................................................HR 2047 Thompkins, Rachel; commend .............................................................................HR 1204 Thompson, Mr. Shane; commend.........................................................................HR 2014 Thorington, Adria; University of Georgia Amazing Student; recognize .............HR 1102 Thornton, Suzanne; commend ..............................................................................HR 1371 Thrash, Joseph; commend ....................................................................................HR 1121 Thrift, John; commend..........................................................................................HR 1306 Thrift, John; commend..........................................................................................HR 1422

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Tift County 4-H Poultry Judging Team; commend..............................................HR 1342 Tillman, Mr. Earl; commend ................................................................................HR 1585 Timber Ridge Elementary School; commend ......................................................HR 1651 Todd, Rodney; commend .....................................................................................HR 1197 Top Ladies of Distinction, Incorporated; commend.............................................HR 1608 Tourism and Hospitality Day at the state capitol; January 24, 2012;
recognize............................................................................................................HR 1117 Traas, Julian R.; commend ...................................................................................HR 1489 Trice, Shavon; commend ......................................................................................HR 1501 Tricoli, Anthony; commend .................................................................................HR 2065 Trion High School Cheerleading Squad; commend .............................................HR 1535 Trippi, Mr. Charley; commend.............................................................................HR 2055 Tritt Elementary School; commend......................................................................HR 1650 Truluck, Emilia; commend ...................................................................................HR 2008 Tucker High School Tigers; 2011 Class AAAA State Championship;
commend............................................................................................................HR 1759 Turkish American Day; February 21, 2012; recognize and invite
representatives to House ....................................................................................HR 1468 Turner, Ms. Verdaillia; commend ........................................................................HR 1623 Turner, Scott; commend .......................................................................................HR 1551 Twitty, Vernon W., Senior; honor .......................................................................HR 1459 Tyrone Elementary School; commend .................................................................HR 1790 Uhlich, Mr. Scott; commend ................................................................................HR 2192 Ulrich, James "Jamie" Autry; commend ..............................................................HR 1109 United Technologies Corporation Employee Scholar Day;
February 23, 2012; recognize ...........................................................................HR 1549 Usry, Susan; commend .........................................................................................HR 1196 Utreras, Arianna; commend..................................................................................HR 1369 Vanderver, Carrie; commend ...............................................................................HR 1205 Varner, Gary; commend .......................................................................................HR 1684 Veader, Pam; commend........................................................................................HR 1452 Veinert-Massey; Svetlana; commend...................................................................HR 1388 Vernon, Dustin; commend....................................................................................HR 1305 Vernon, Dustin; commend....................................................................................HR 1421 Vest, Austin Edward; commend and invite to House...........................................HR 1337 Veterans Remembered Flag; recognize................................................................HR 1713 Veterinary Medicine Day; February 2, 2012; recognize and invite
veterinarians to House .......................................................................................HR 1132 ViaCyte; commend ...............................................................................................HR 1717 Victory of the World Church; commend..............................................................HR 2140 Vietnam War veterans; Coweta County; efforts; commend.................................HR 1249 Vinings Historic Preservation Society; commend................................................HR 2148 Waddy, Reverend Isaiah J.; commend .................................................................HR 1541

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Walker, Honorable Daphne M.; commend...........................................................HR 2194 Walker, Ms. Dionne; commend............................................................................HR 1845 Walker, Timothy; commend.................................................................................HR 1399 Walls, Jessie; commend........................................................................................HR 1559 Walls, Ms. Ruthie Garrett; commend...................................................................HR 1693 Walters, Colleen; commend .................................................................................HR 1506 Walton High School; commend ...........................................................................HR 1653 Walton, Karen Green; commend ..........................................................................HR 1368 Wang, Charles; commend.....................................................................................HR 2019 Wang, Lisa; commend ..........................................................................................HR 2020 Warner, Chad; commend ......................................................................................HR 2087 Water Energy Technologies, Incorporated; commend .........................................HR 2173 Waters, Gregory; commend..................................................................................HR 1303 Waters, Gregory; commend..................................................................................HR 1418 Watkins, Mr. Vincent B., Juris Doctor.; commend ..............................................HR 1800 Way, Rabun Gene; commend ...............................................................................HR 2189 We Are Clayton Magazine; commend .................................................................HR 2071 Weaver, Beverly; commend .................................................................................HR 1472 Webb Bridge Middle School academic bowl team; commend ............................HR 1834 Webb, Mr. Clarence; commend............................................................................HR 2018 Welch, Pat; commend...........................................................................................HR 1195 Welch, Reverend Terrie; commend......................................................................HR 2152 Wesleyan College; commend ...............................................................................HR 1154 Wesleyan College; commend and invite President Ruth Knox to House ............HR 1524 West, Victor Herbert; commend...........................................................................HR 1482 Westbrook, Ms. Barbara; commend .....................................................................HR 1940 Westwood Schools's football team; commend .....................................................HR 1807 Whaley, Christopher; commend ...........................................................................HR 1510 Whatley, Kristan; commend .................................................................................HR 1505 Whitaker, Amy Elizabeth; commend ...................................................................HR 1490 White County High School's Warrior Television Network; recognize................HR 2134 Whitehurst, Hunter; commend .............................................................................HR 1448 Whitewater High School; commend.....................................................................HR 1777 Whitewater Middle School; commend .................................................................HR 1774 Whitfield, Jonathan Ransom; commend...............................................................HR 1481 Whitlock, Deacon Gus; commend .......................................................................HR 1149 Wilcher, Gidgetta; commend................................................................................HR 1414 Wilkes, Tammy; commend...................................................................................HR 1318 Wilkes, Tammy; commend...................................................................................HR 1429 Williams, Honorable Roger; commend ................................................................HR 1599 Williams, Jamichael; commend............................................................................HR 2133 Williams, Ms. Cynthia; commend........................................................................HR 1853 Williams, Shelia; commend..................................................................................HR 1193

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Williamson, Lee Talbot; commend ......................................................................HR 2042 Wilson, Captain Harry "Ken"; recognize .............................................................HR 2171 Wilson, Cyrus Carrier; commend.........................................................................HR 1571 Wilson, Doctor Johnny L.; commend...................................................................HR 2125 Wilson, Hayley; commend ...................................................................................HR 1255 Wilson, Kayli Michelle; commend.......................................................................HR 2092 Wilson, Terrence; commend.................................................................................HR 1389 Winder-Barrow Cheer Doggs; commend and invite to House.............................HR 1440 Windincamp, Ms. Sarah; commend .....................................................................HR 1937 Wittenstein, Mr. Robert; commend ......................................................................HR 1714 Wolfe, Monica; commend ....................................................................................HR 1370 Women Entrepreneurs Day; March 15, 2011; Felicia Joy; commend
and invite to House ..............................................................................................HR 409 Women's heart health; early detection; recognize importance .............................HR 1123 Wood, Mrs. Sheila; commend ..............................................................................HR 1925 Woodfield Academy; Mrs. Susan Jukes; commend.............................................HR 1852 Woodley, Doctor Lateshia; commend ..................................................................HR 2122 World Affairs Council of Atlanta; commend .......................................................HR 2075 Wright, Mr. Ken; commend .................................................................................HR 1716 Wright, Ms. Sharonda; commend.........................................................................HR 1621 Wynn-Dixon, Doctor Evelyn; commend..............................................................HR 2150 Yancey, Ms. Evonne; commend...........................................................................HR 1683 Yates, Lisa; commend ..........................................................................................HR 1202 Yawn, Mr. Bruce; commend ...............................................................................HR 1868 Yeh, Ru Yea (Alice); commend ..........................................................................HR 1392 Young Democrats, Lambda Alliance, and Ally Outreach; University
of Georgia.; commend .......................................................................................HR 1736 Young, Ambassador Andrew; commend..............................................................HR 1540 Young, Mr. Gilbert; Doctor Amelia Platts Boynton; commend
and invite to House ..............................................................................................HR 599 Youth Leadership Athens class; Athens Clarke County; commend
and invite to House ..............................................................................................HR 644 Youth Leadership Thomasville-Thomas County; recognize................................HR 1879 Yu, Gina; commend..............................................................................................HR 1920 Zeanah, Doctor Michelle Reynolds; commend ....................................................HR 1961 Zemblowski, Sunni Ann; commend ....................................................................HR 1488 Zimmerman, Lieutenant Colonel Janet A.; commend..........................................HR 1285
COMMERCE AND TRADE Cemetery and funeral services; modify provisions relating to funeral directors and cemeterians; preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program ...................................................................................................HB 933

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Commerce and trade; deposit on beverage containers; recycling; provide..............HB 51 Commerce and trade; secondary metals recyclers; provide comprehensive
revision of provisions; security interests and liens; change certain provisions.............................................................................................................HB 872 Commerce/Trade; define unlawful lotteries with regard to promotions; revise definition ................................................................................................... SB 431 Commerce; provide incandescent light bulbs manufactured in Georgia not exported from the state shall not be subject to federal regulation................... SB 61 Fair Business Practices Act of 1975; oversight by administrator of certain telemarketing practices; provide........................................................HB 1132 False advertising; use of term "wholesale"; repeal prohibition................................HB 42 Funeral directors and cemeterians; allow electronic signatures for funeral services and related preneed contracts; modify provisions ...............HB 953 Georgia Lemon Law; consumer; define term.........................................................HB 205 Georgia Lemon Law; increase fee collected by new dealers from consumers; provisions.................................................................................HB 852 Georgia Lemon Law; increase the fee to be collected by new motor vehicle dealers from the consumer............................................................ SB 305 Georgia Self-service Storage Facility Act of 2011; enact ......................................HB 649 Multiple-party accounts; definition include preneed service entities; provide .................................................................................................................HB 449 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Preneed escrow; accounts titled in favor of registered entity; provide ..................HB 356 Secondary Metal Recyclers; comprehensive revision of provisions...................... SB 321 Secondary metals recyclers; comprehensive regulation of theft of regulated metal property; provide ...................................................................HB 888 Secondary metals recyclers; maintain delivery person fingerprints; require ..................................................................................................................HB 643 Selling; motorcycles, all-terrain, and utility vehicles; exempt from definition .....................................................................................................HB 217 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 Suretyship; surety or cosigner entitled to notice of default by principal; provide.................................................................................................HB 245
COMMERCE, CITY OF Board of commissioners; change description of districts.....................................HB 1012 Highway 98 by Ricky Fitzpatrick Highway; Commerce to Danielsville; dedicate ..............................................................................................................HR 1642 Independent School Districts; change description of districts ...............................HB 908

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COMMERCIAL CODE Commerce/Trade; define unlawful lotteries with regard to promotions; revise definition ................................................................................................... SB 431 Real Estate Professionals; provisions ..................................................................... SB 365
COMMISSIONS Budget commission; certain counties; population and census application; revise and change...........................................................................HB 1024 Budget commission; counties having population of 300,000 or more according to census; repeal Act............................................................HB 1085 Citizens' Redistricting Commission; create..........................................................HB 1139 Commission to Implement the Patient Protection and Affordable Care Act; enact.....................................................................................................HB 644 Elections; provide for dates of nonpartisan elections; minimum number of members for local boards of election ................................................... SB 92 Georgia Commission on Family Economic Security; create .................................HB 458 Georgia Government Transparency and Campaign Finance Commission; rule making powers; provide.........................................................HB 889 Georgia Student Finance Commission; provide necessary data and information to assess whether HOPE scholarship is meeting desired results; urge ...........................................................................................HR 1564 Interstate Compact on Educational Opportunity for Military Children; adopt; provide for purpose/policy of said impact................................ SB 219 Joint Human Trafficking Study Commission; create ...........................................HR 1151 Joint Study Commission on Education for Parents with Newborn Children; create..................................................................................................HB 1159 Local government; tenants of airports authorized to be members of airport authority or commission; provide......................................................HB 1181 United States Supreme Court; ruling in Citizens United v. Federal Election Commission; oppose ...........................................................................HR 1377
COMMITTEES Brain and Spinal Cord Injury Study Committee; create.......................................HR 1737 Controlled substances; Electronic Database Review Advisory Committee; establish provisions..........................................................................HB 184 Fire Protection/Safety; consolidate primary state fire protection/safety services within a single agency; establish Department of Fire Safety ................ SB 186 Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; eliminate Advisory Committee..........................................................................HB 1080 Georgia Government Accountability Act; establish; create Legislative Sunset Advisory Committee; authorize to review/evaluate state agencies', productivity, efficiency, and responsiveness ...................................... SB 223

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Georgia Trauma Care Network Commission; report annually; House/Senate Committees on Health and Human Services; outcomes............... SB 489
High School Athletics Overview Committee; create .............................................HB 836 House Comprehensive Motor Vehicle and Traffic Reform Study
Committee; create ..............................................................................................HR 1731 House Department of Behavioral Health and Development
Disabilities Oversight Committee; create..........................................................HR 1176 House Durable Medical Equipment Study Committee; create...............................HR 549 House Family Economic Security Study Committee; create .................................HR 640 House Hydropower Study Committee; create ........................................................HR 694 House Public Utility Unit Closure, Contracts, and Rates Study
Committee; create ..............................................................................................HR 2015 House State Health Benefit Plan Study Committee; create....................................HR 757 House Study Commission on Subsidiary Corporation Condemnation
for Electric Transmission Lines; create .............................................................HR 1543 House Study Committee on Adult Mental Health and Disability
Facilities; create ...................................................................................................HR 252 House Study Committee on Compensation for the Convicted Innocent;
create ..................................................................................................................HR 1675 House Study Committee on Defensive Medicine and Patient
Compensation; create.........................................................................................HR 1873 House Study Committee on Driver Education and DUI Risk
Reduction Programs; create ...............................................................................HR 2051 House Study Committee on Expulsion School Creation; create ..........................HR 1277 House Study Committee on Open Loop Geothermal Heating
and Cooling Systems; create................................................................................HR 880 House Study Committee on Procurement Policies of Georgia
Departments and Agencies Regarding Businesses Owned by Minorities and Women; create.............................................................................HR 384 House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; create.............................................................................HR 426 House Study Committee on Renewable and Sustainable Energy in Georgia; create.................................................................................................HR 520 House Study Committee on State Properties; create ..............................................HR 363 House Study Committee on Subsidiary Corporation Condemnation for Electric Transmission Lines; create .............................................................HR 1644 House Study Committee on Tenth Amendment Enforcement; create ...................HR 153 House Study Committee on the Horse Racing Industry; create ...........................HR 1977 House Study Committee on the National Popular Vote Initiative; create..............HR 792 House Study Committee on the Use and Development of Nuclear Plants in Georgia; create ......................................................................................HR 691 House Variable Sales Tax Study Committee; create............................................HR 1738

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Joint Early Learning Study Committee; create.....................................................HR 1519 Joint Study Committee on Renewable Energy Industries in Georgia;
create ....................................................................................................................HR 598 Joint Teen Violence Study Committee; create ...........................................................HR 9
COMMITTEES, STANDING Allison, Honorable Stephen; Committee assignment............................................. Page 31 Benton, Honorable Tommy; Committee assignment ............................................. Page 31 Beverly, Honorable James; Committee assignment............................................... Page 32 Carson, Honorable John; Committee assignment .....................................Pages 31, 32, 33 Collins, Honorable Doug; Committee assignment ..........................................Pages 30, 31 Dempsey, Honorable Katie; Committee assignment.............................................. Page 31 Dickson, Honorable Tom; Committee assignment................................................. Page 31 Dunahoo, Honorable Emory; Committee assignment.....................................Pages 31, 34 Hightower, Honorable Dusty; Committee assignment........................................... Page 35 Horne, Honorable Billy; Committee assignment ................................................... Page 32 Houston, Honorable Penny; Committee assignment.............................................. Page 30 Kaiser, Honorable Margaret; Committee assignment ............................................ Page 30 Lindsey, Honorable Ed; Committee assignment .................................................... Page 30 Neal, Honorable Jay; Committee assignment..................................................Pages 30, 31 Nix, Honorable Randy; Committee assignment ..............................................Pages 30, 31 Peake, Honorable Allen; Committee assignment ......................................Pages 30, 31, 32 Powell, Honorable Alan; Committee assignment .................................................. Page 32 Pruett, Honorable Jimmy; Committee assignment ................................................. Page 31 Purcell, Honorable Ann; Committee assignment ............................................Pages 31, 32 Ramsey, Honorable Matt; Committee assignment ................................................. Page 30 Rogers, Honorable Carl; Committee assignment ......................................Pages 30, 31, 32 Rogers, Honorable Terry; Committee assignment ..........................................Pages 31, 35 Sims, Honorable Barbara; Committee assignment................................................. Page 32 Smith, Honorable Richard; Committee assignment ............................................... Page 32 Waites, Honorable Keisha; Committee assignment ........................................... Page 1943 Williams, Honorable Chuck; Committee assignment ............................................ Page 36
COMMUNICATIONS RECEIVED Austin, Honorable Rick ........................................................................................... Page 1 Bearden, Honorable Timothy J................................................................................ Page 5 Beverly, Honorable James ................................................................................... Page 620 Carson, Honorable John K., Junior.......................................................................... Page 7 Davis, Honorable Steve ....................................................................................... Page 785 Dobbs, Honorable Elly ...................................................................................... Page 2738 Dunahoo, Honorable Emory W, Junior ................................................................. Page 12

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Governor ................................................................................ Pages 2, 3, 6, 10, 13, 14, 15 Grant, Honorable Johnny..................................................................................... Page 787 Hightower, Honorable Dusty................................................................................. Page 41 Kirby, Honorable L. Tom .................................................................................. Page 3644 Legislative Counsel ....................................................................... Pages 38, 39, 784, 786 Lieutenant Governor.................................................................................. Pages 785, 787 Mills, Honorable James ........................................................................................... Page 1 Roberts, Honorable Jay........................................................................................ Page 787 Rogers, Honorable Terry ......................................................................................... Page 9 Seay, Honorable Valencia ................................................................................... Page 785 Secretary of State................................................................. Pages 4, 8, 11, 37, 854, 3643 Speaker of the House ................................... Pages 30, 32, 33, 34, 35, 36, 785, 787, 1943 Tinubu, Honorable Gloria Bromell ....................................................................... Page 10 Waites, Honorable Keisha ................................................................................... Page 855 Walker, Honorable Len ......................................................................................... Page 14
COMMUNITY AFFAIRS, DEPARTMENT OF Community Affairs, Department of; adopt amendments to 2009 International Energy Conservation Code; urge .................................................HR 1948 Community Affairs, Department of; Martin Luther King, Junior Advisory Council; create .......................................................................................HB 28 Community Affairs, Department of; qualified local government; repeal definition; provisions ................................................................................HB 260 Georgia Tourism Development Act; Department of Community Affairs; refund sales tax for tourism attractions; authorize ...............................HB 1050 Tax credits for job creation; earned for prior year; provide ...................................HB 595 Tax credits for job creation; earned for prior year; provide ...................................HB 596
COMMUNITY HEALTH, DEPARTMENT OF Community Health, Department of; collect data on chronic obstructive pulmonary disease; encourage ..........................................................HR 458 Georgia State Board of Pharmacy; administratively attached to Department of Community Health; provide..................................................HB 1130
COMPENSATION RESOLUTIONS Cauley, Mr. James A.; compensate and provide state income tax exclusion ......................................................................................................HR 1161 House Study Committee on Compensation for the Convicted Innocent; create..................................................................................................HR 1675 Jackson, Nakia Jermaine; compensate and provide state income tax exclusion ......................................................................................................HR 1159 Word, Mr. Lathan Rydell; compensate ................................................................HR 1160

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CONDOLENCES, ETC. Abernathy, J. Bradley; condolences .....................................................................HR 1574 Acree, Reverend Patrick Timothy; condolences ..................................................HR 1116 Adams, Ms. Jettie M.; condolences......................................................................HR 1331 Ashmore, Mollie; condolences .............................................................................HR 1252 Baker, Mr. James Goodman; condolences ...........................................................HR 2012 Beasley, Mrs. Ardena Miles; condolences ...........................................................HR 2010 Bennett, Mr. Everett; condolences .......................................................................HR 2011 Beverly, Mrs. Mary Patricia "Pat"; condolences ..................................................HR 2155 Bokor, Mrs. Iris Faye; condolences......................................................................HR 2163 Bray, Ashton Richard "Beebo"; honor life and invite family to House ...............HR 1324 Briscoe, Mattie Harper; condolences....................................................................HR 1215 Briscoe, Mattie Harper; condolences....................................................................HR 1328 Brooks, Jonathan Samuel Warren; condolences...................................................HR 1898 Brown, James O.; condolences.............................................................................HR 1187 Brown, Mother Mary Hines; condolences............................................................HR 1449 Brumley, Mr. Kenneth Eugene; condolences.......................................................HR 1953 Bryant, Doctor Thomas E.; condolences ..............................................................HR 2070 Buelvas, Raul Salvador, III; condolences.............................................................HR 1216 Capps, Mrs. Carole Dalton; condolences .............................................................HR 2162 Carpenter, Doctor L. Wendell; condolences ........................................................HR 1575 Cheeley, Ms. Selma McDonald Medlock; condolences.......................................HR 2068 Christian, Elmer B. "Buddy", III; Senior Police Officer; condolences ................HR 1878 Clark, Honorable Betty Jean; condolences ..........................................................HR 1709 Coker, Mr. William Douglas "Doug", Senior; condolences.................................HR 2128 Cowser, Ms. Marie; condolences .........................................................................HR 1806 Daly, Deputy Sheriff Richard Joseph; condolences; invite family to House .............................................................................................................HR 1829 Davis, Honorable Grace Wilkerson; condolences................................................HR 1707 Dennis, Sister Albertha Williams; condolences ...................................................HR 1214 Dixon, Honorable Harry D., Senior; condolences................................................HR 1999 Dixon, Honorable Harry D.; condolences ............................................................HR 2182 Dunlap, Edgar Brown, Junior; condolences .........................................................HR 1243 Eure, Carol Hudson, Senior; condolences ............................................................HR 1268 Freeman, Mrs. Jo Neal; condolences....................................................................HR 1748 Gailey, Mr. Gerald; condolences..........................................................................HR 2136 Georgia Guard soldiers and airmen; fallen; honor ...............................................HR 1529 Georgia Guard soldiers; airmen; others who have fallen; honor..........................HR 2109 Gibson, Mr. Lamar; condolences .........................................................................HR 2180 Graves, Reverend Dwight C.; condolences ..........................................................HR 2021 Hall, Mary Elaine Philyaw; condolences .............................................................HR 1550 Hall, Wayne Franklin; condolences......................................................................HR 1627 Hamrick, Mr. Verner Spence "Sug"; condolences ...............................................HR 2076

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6343

Hanks, Doctor Lawrence J., Senior; condolences ...............................................HR 1605 Hansford, Miss Joel Francis; condolences ...........................................................HR 2181 Harbison, Mrs. Cecilia; condolences....................................................................HR 2052 Harris, Herbert Glenn; condolences .....................................................................HR 1265 Harris, Mr. Dale B.; condolences .........................................................................HR 1930 Hawkins, John Barrett "J.B."; condolences ..........................................................HR 1532 Hawkins, Mr. Herbert (Herb) C., Junior; condolences.........................................HR 1749 Healan, William D., Junior; condolences .............................................................HR 1451 Henley, Mr. Emmitt Wilson, Junior; condolences ...............................................HR 2036 Holmes, Sergeant David Alexander; condolences ...............................................HR 2043 Houston, Ms. Whitney; condolences....................................................................HR 1728 Hudson, Deacon Felton Leon; condolences .........................................................HR 1129 Hudson, Doctor Charles D.; condolences; invite family to House.......................HR 1545 Jacobs, John Wesley, Junior; condolences ...........................................................HR 1260 Jenkins, Congressman Edgar Lanier; condolences ..............................................HR 1107 Jenkins, Congressman Edgar Lanier; condolences ..............................................HR 2035 Kaigler, Sister Hervie Ellzey; condolences ..........................................................HR 1126 Kelley, Patrick Michael; condolences ..................................................................HR 1259 Khojaly Massacre; memory of victims; honor .....................................................HR 1594 Land, Judge John Henry; condolences .................................................................HR 1186 Law, George Hammond, Junior; condolences......................................................HR 1348 Ledbetter, Mr. Steven Russell; condolences ........................................................HR 2170 Lee, Mr. Allen; condolences.................................................................................HR 1764 Lovell, Doctor V.C.; condolences ........................................................................HR 2077 Lucier, Mr. Leonardo "Little Leo", Junior; condolences .....................................HR 2031 Maddox, Reverend Charlie James, Senior; honor ................................................HR 2183 McClung, Arthur Joseph, Junior.; condolences....................................................HR 1669 McDaniel, William Kenneth "Coach Mac", Senior; condolences .......................HR 1841 McDonald, Mr. James B. "Jim"; condolences......................................................HR 2158 McGill, Hazel L. Lanier; condolences..................................................................HR 1595 McNeal, Doctor Lorenzo P.; condolences............................................................HR 1981 Moore, Sophie Sydney; condolences....................................................................HR 1110 Munson, Larry; recognize life; invite family to House ........................................HR 1104 Nobles, Sheriff Cecil; condolences ......................................................................HR 1114 Oliver, Mr. Samuel L.; condolences.....................................................................HR 1763 Parks, Ms. Lillie Mae; condolences......................................................................HR 2184 Powell, Mrs. Addie Scott; condolences................................................................HR 1286 Prevatt, Mr. Harry Wilson; condolences ..............................................................HR 2154 Queen, Jordan Douglas; condolences...................................................................HR 2168 Redd, Mr. Aspinwall Hodge "Pat"; condolences .................................................HR 2003 Reichert, Albert Phillips; condolences .................................................................HR 1617 Reichert, Elizabeth Walton Bowen "Chunk"; condolences..................................HR 1618 Reinhardt, Officer Bennie Eugene; condolences..................................................HR 2138

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INDEX

Rice, Mrs. Sabra Rogers; condolences .................................................................HR 1128 Richardson, Betty Mae Castleberry; condolences................................................HR 1261 Rivers, Mrs. Mary Lenas; condolences ................................................................HR 2157 Scott, Mr. Alvin Lee; condolences .......................................................................HR 1996 Scurry, Mr. Raymond Keith; condolences ...........................................................HR 2165 Sears, Mr. Wayne; condolences ...........................................................................HR 2160 Shaw, Gerald "Jerry" Michael; condolences ........................................................HR 1453 Siege of Beirut; 30th anniversary; lost veterans; recognize and honor ................HR 1983 Sizemore, Robert Clayton; condolences; invite family to House.........................HR 1381 Sizemore, Robert Clayton; Deputy Game Warden; condolences ........................HR 1134 Sligh, Stuart Frederick, Junior; condolences ........................................................HR 1639 Smith, Genene; condolences.................................................................................HR 1269 Smith, Mrs. Ann Georgine Cash; condolences.....................................................HR 2156 Stalvey, Corporal John R.; condolences; invite family to House.........................HR 1443 Stewart, W. Woodrow "Woody"; condolences ....................................................HR 1264 Sutton, Mr. William Harris; condolences.............................................................HR 2159 Swanson, Ophelia; condolences ...........................................................................HR 1147 Tanner, Mr. Eustace Bernell "Dick"; condolences...............................................HR 2166 Thomas, Gail Denise; condolences ......................................................................HR 1329 Tillman, Ms. Donna Elizabeth; condolences........................................................HR 2078 Tomlinson, Mrs. Julie Carmichael Pierce; condolences ......................................HR 2164 Turk, Frank; condolences .....................................................................................HR 1262 Walker, Ms. Ruth; condolences............................................................................HR 1881 Watkins, Miller Leslie, Junior; condolences ........................................................HR 1267 White, Mrs. Leatrice W.; condolences .................................................................HR 2161 Whitlock, Captain Nicholas Schade; condolences ...............................................HR 1592 Whittle, Deputy Sheriff Derrick Lee; condolences ..............................................HR 2143 Wiley, Jettie Lee Whitmire; condolences.............................................................HR 1266 Wiley, Johnnie; condolences ................................................................................HR 1263 Wiley, Leroy Sherman; condolences....................................................................HR 1127 Williams, Ms. Vonceil; condolences....................................................................HR 1908 Young, Mr. James E.; condolences ......................................................................HR 1710
CONSERVATION AND NATURAL RESOURCES Ad valorem tax; certain activities not breach conservation use covenant; provide.................................................................................................HB 660 Agricultural Water Supply Protection Act; enact...................................................HB 368 Agriculture and water resources; Agricultural Water Conservation Incentive Program; change provisions.................................................................HB 499 Air quality; facilities emitting pentachlorophenol near schools; provide collective emissions limitations..............................................................HB 716 Boards of education; funding to retrofit school buses; pollution control; urge ....................................................................................................................HR 1093

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6345

Commerce and trade; deposit on beverage containers; recycling; provide..............HB 51 Community Affairs, Department of; adopt amendments to 2009
International Energy Conservation Code; urge .................................................HR 1948 Conservation and Natural Resources; certain civil penalties; exempt
state agencies .......................................................................................................HB 131 Conservation and Natural Resources; mountaintop removal coal mining;
prohibit purchase and use ......................................................................................HB 43 Conservation and Natural Resources; occupying live-aboards;
repeal provisions ................................................................................................HB 1064 Conservation and Natural Resources; permits for interbasin
transfers only be granted as last resort; require ...................................................HB 984 Georgia Aviation Authority; provide transfer of certain personnel, aircraft
to Department of Natural Resources, Transportation and State Forestry Commission ......................................................................................................... SB 339 Georgia Constitutional Carry Act of 2012; enact...................................................HB 679 Georgia Energy Freedom Act; cap and trade system; permit Governor to delay implementation; comprehensive assessment............................. SB 9 Georgia Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act; enact .....................................................................................................................HB 657 Herty Advanced Materials Development Center; change provisions; rename and transfer governance to Board of Regents ........................................ SB 396 Homeowners' Solar Bill of Rights; enact ...............................................................HB 961 House Study Committee on Open Loop Geothermal Heating and Cooling Systems; create................................................................................HR 880 Income tax credit; transfer, devise, and distribute unused conservation credits; provide ....................................................................................................HB 222 Income tax credits; low-emission vehicles; change definition...............................HB 404 Income tax; qualified reforestation expenses; provide credit.................................HB 621 License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal........................................................................ SB 293 Natural Resources, Department of; African American Cultural Preservation Office; create...................................................................................HB 982 Natural Resources, Department of; privacy of certain records and personal information; provide.......................................................................HB 875 Natural Resources, Department of; solicit and accept gifts, donations, and contributions; authorize .......................................................................................HB 887 Natural Resources, Department of; transfer certain responsibilities for state parks to local governing authorities; authorize......................................HB 684 Natural Resources; provide for an extension of the automatic repeal of Code Section 12-5-9 ............................................................................. SB 369 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942

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INDEX

Salt water fisheries management; extensively revise various provisions; Board of Natural Resources; rules and regulations; revise certain provisions.............................................................................................................HB 869
Solid waste management; authorization to enforce collection of taxes, fees, or assessments; repeal provisions .................................................HB 893
Solid waste management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide thirty day grave period for buyers of property ...................................................................HB 1102
State Parks; use of boats; public nuisances; revise certain provisions ................... SB 319 State Personnel Administration; abolish; transfer certain functions
to Department of Administrative Services ..........................................................HB 642 State Road and Tollway Authority; abolish .............................................................HB 18 State-wide water management planning; change certain policy provisions...........HB 111 Submerged Cultural Resources; permits; authorization to contract
for investigation, survey; change certain provisions ........................................... SB 362 Tire disposal restrictions; certain persons transporting scrap
tires to be paid after delivery is complete; provide..............................................HB 915 Trust funds administration; hazardous, solid waste management;
create - CA ...........................................................................................................HR 585 Waste management; nonlapsing trust fund; create provisions - CA ......................HR 112 Waste Management; restrictions on municipal solid waste landfill
sites within significant ground-water recharge areas; provisions........................ SB 110 Water Conservation Act of 2011; enact .................................................................HB 153 Water resources; regulate interbasin transfers; change certain provisions.............HB 134 Water resources; Tennessee River interbasin transfer restrictions;
exempt withdrawals .............................................................................................HB 400
CONSTITUTIONAL AMENDMENTS Alcohol Abuse Trust Fund; create - CA.................................................................HR 809 Charter schools; creation of alternate authorizers to approve establishment; authorize General Assembly - CA.............................................HR 1521 Constitutionality of law; citizens shall challenge; provide - CA................................HR 4 County functions; incorporated and unincorporated areas; limit - CA ..................HR 881 County re-creation; provisions - CA ........................................................................HR 29 County re-creation; provisions - CA ........................................................................HR 30 County re-creation; provisions - CA ........................................................................HR 31 County re-creation; provisions - CA ........................................................................HR 32 County re-creation; provisions - CA ........................................................................HR 33 County re-creation; provisions - CA ........................................................................HR 34 County re-creation; provisions - CA ........................................................................HR 35 Courts; judicial decisions binding; remove - CA .......................................................HR 5 Economic Development Trust Fund; create - CA ..................................................HR 421

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6347

Elective public office; person appointed to vacancy not eligible for election; provide - CA........................................................................................HR 7
Eminent domain; taking private property; prohibit - CA ...........................................HR 2 Felony; certain convicted may register to vote; provisions - CA.............................HR 72 Fiscal impact standards; tax exemption or credit amendment;
require comply - CA ............................................................................................HR 422 Gambling Addiction Trust Fund; create - CA ........................................................HR 808 General Assembly; authorize state entities to enter into multiyear
rental agreements; procedures, conditions, and limitations - CA.......................... SR 84 General Assembly; establish state-wide education policy; clarify
authority - CA ....................................................................................................HR 1335 General Assembly; Senate not more than 38 Senators and House not
more than 120 Representatives as of January 1, 2015; provide - CA ...............HR 1610 General Assembly; state-wide education policy; clarify authority - CA .............HR 1162 Horse racing; pari-mutuel wagering; provide - CA................................................HR 186 Judicial Qualifications Commission; remove discipline power;
vested in General Assembly - CA ...........................................................................HR 6 Legal services for indigent; dedicate existing fees; provide - CA..........................HR 977 Minimum wage; certain employees in Georgia; establish - CA...........................HR 2187 Motor fuels sales tax; appropriated to provide public-use airports;
provide - CA ........................................................................................................HR 419 Property taxes; any governmental entity; abolish - CA..............................................HR 1 Property; zoning laws; prohibit - CA .........................................................................HR 3 Public funding of social services; religious or faith based organizations;
allow - CA............................................................................................................HR 425 Public Service Commission; composition and terms; provide - CA......................HR 152 Regional transportation projects; create special transportation
districts for funding - CA...................................................................................HR 1350 Revenue Shortfall Reserve; enact - CA....................................................................HR 11 Right to life; vested from moment of fertilization; provide - CA ........................HR 1072 Sales and use tax; authorize without all independent school
participation; allow - CA .....................................................................................HR 761 Sales and use tax; educational purposes; only distributed on
basis of full-time equivalent student counts - CA .............................................HR 1150 Sales and use tax; food and food ingredients; change exemption - CA ...................HR 81 Sales and use tax; motor fuel tax; jet fuel and aviation gasoline
allocated to maintaining public-use airports; provide - CA ..............................HR 1378 Sales and use tax; tax credit reduction for educational purposes;
provide - CA ..........................................................................................................HR 12 Sales and use tax; twenty-five percent for transportation; provide - CA .................HR 13 State budget; rate of growth; limit - CA ...................................................................HR 20 Tax allocation; communications services tax; directly to counties - CA ...............HR 420 Taxpayer Dividend Amendment of 2012; enact - CA............................................HR 342

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6348

INDEX

Taxpayer Protection Amendment of 2011; provide for limitations on state government taxation and expenditures - CA............................................ SR 20
The Ad Valorem Tax Assessment Limit Amendment; enact - CA..........................HR 10 Trust funds administration; hazardous, solid waste management;
create - CA ..........................................................................................................HR 585 University System of Georgia; appropriations paid in lump sum; repeal
provision - CA .........................................................................................................HR 8 University System of Georgia; tuition not exceed inflation rate;
provisions - CA....................................................................................................HR 383 Waste management; nonlapsing trust fund; create provisions - CA ......................HR 112
CONTRACTORS Residential and general contractors; eligibility for license without exam for professional engineers; provide............................................................HB 870 Sales and use tax; government contractor of overhead materials for a limited time; add exemption........................................................................HB 761 Taxation; nonresident subcontractor withholding payments; change required percentage .................................................................................HB 932
CONTRACTS Administrative Services, Department of; public works construction contracts; provisions ............................................................................................HB 730 Attorney fees; validity and enforcement; change provisions ...................................HB 64 Contracts and purchases by public schools; contractual and purchasing preferences for Georgia service providers; modify provisions ...........................HB 881 Crimes and Offenses; contracts; payment of attorney's fees; provisions; prohibit contingent compensation under certain circumstances.......................... SB 181 Education; termination or suspension of a contract of employment; revise provisions; provide requirements for furlough days ................................. SB 153 Georgia World Congress Center Authority; use free market principles with any contracts or rights for a new Atlanta Falcons stadium; urge ..............HR 1871 Guaranteed asset protection waivers; retail seller's requirements to insure waiver obligations; provide exception..................................................HB 820 House Public Utility Unit Closure, Contracts, and Rates Study Committee; create ..............................................................................................HR 2015 Insurance; discretionary clauses in disability contracts; prohibit use ....................HB 736 Municipalities; law enforcement contracts; population brackets and census; change provisions...........................................................................HB 1026 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ................................. SB 40

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6349

State agencies; guaranteed energy savings performance contracts; change certain provisions.....................................................................................HB 934
Vehicle service agreements; retail installment sellers exempted from reinsurance; provide requirements..............................................................HB 819
CONTROLLED SUBSTANCES "Chase's Law"; Schedule I and V controlled substance; "dangerous drug"; provisions............................................................................................................. SB 370 Controlled substances; additional Schedule I substances; provide ........................HB 199 Controlled substances; certain drug-free zones; adopt and incorporate.................HB 491 Controlled Substances; changes to definition of written prescriptions for dangerous drugs; revise a definition .............................................................. SB 378 Controlled substances; Electronic Database Review Advisory Committee; establish provisions..........................................................................HB 184 Controlled substances; possession of and sale of pseudoephedrine drugs; change provisions .....................................................................................HB 437 Crimes and offenses; drug-free church zones; establish ......................................HB 1189 Pharmacists; hard copy prescriptions on security paper; define; require ...............HB 469 Physician assistants; prescribe Schedule II controlled substances; physicians authorize...........................................................................................HB 1303 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment ......................................................................................................... SB 352 The Anti Road Agent Gang Act; enact.....................................................................HB 36
CONVEYANCES OF PROPERTY (See Public Property)
COOK COUNTY Board of Commissioners; change description of districts ....................................HB 1084 Board of Education; change description of districts.............................................HB 1083 Magistrate Court; future elections for chief magistrate shall be nonpartisan elections; provide..............................................................HB 1082
COOLIDGE, CITY OF; time of municipal elections; change provisions .............HB 628
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
CORONERS Georgia Pain Management Clinic Act; enact .........................................................HB 972
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Banking and finance; credit exposure as a counterparty in derivative transactions; limit certain obligations..................................................................HB 886

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6350

INDEX

Corporations in Georgia; deposit money in African American financial institutions; urge ...................................................................................HR 407
Corporations; name and address registration with Secretary of State; require....................................................................................................HB 399
Food sales and service establishments; revise definitions; exempt certain activities ...................................................................................................HB 681
Instruments conveying interest; transfers of security instruments; include ...........HB 465 Limited liability companies; low-profit companies; change
certain provisions.................................................................................................HB 594 Public utilities and public transportation; telecommunications;
revise and update certain provisions..................................................................HB 1115
COSMETOLOGISTS Cosmetologists; examinations and applications for certificates of registration; change certain provisions............................................................HB 374
COUNTIES (Also, see Local Government or Named County) Budget commission; certain counties; population and census application; revise and change...........................................................................HB 1024 Budget commission; counties having population of 300,000 or more according to census; repeal Act............................................................HB 1085 Business licenses; verification of lawful residence by applicants; modify requirements ...........................................................................................HB 810 Child Protection Act; enact.......................................................................................HB 10 Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Code enforcement boards; code enforcement officers; change definition ...............HB 93 Counties; provide authority; operate vehicle for hire equipped to transport passengers in wheelchair throughout the state ................................. SB 373 Counties; redistrict themselves following decennial census; authorize .................HB 420 County governing authorities; sheriffs and certain offices; provide nonpartisan elections............................................................................................HB 682 County re-creation; provisions - CA ........................................................................HR 29 County re-creation; provisions - CA ........................................................................HR 30 County re-creation; provisions - CA ........................................................................HR 31 County re-creation; provisions - CA ........................................................................HR 32 County re-creation; provisions - CA ........................................................................HR 33 County re-creation; provisions - CA ........................................................................HR 34 County re-creation; provisions - CA ........................................................................HR 35 Development Authorities Law; include facilities owned by public or private entity; amend definition ...........................................................HB 475 Distilled spirits; election superintendent shall hold referendum upon receipt of resolution; provide......................................................................HB 849

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6351

Distilled spirits; vote to approve sale in a county or municipality; provide.............HB 96 Elections; add one percent judicial qualifying fee to fund the
Commission; provide...........................................................................................HB 262 Georgia Land Bank Act; governing creation/operation of land
banks; provisions ................................................................................................. SB 284 Georgia Procurement Registry; used for bids for public works
contracts; provisions ............................................................................................HB 650 Georgia Tourism Development Act; Department of Community Affairs;
refund sales tax for tourism attractions; authorize.............................................HB 1050 Inmates; performing services for local governments; clarify provisions ...............HB 778 Integrity in Public Proceedings Act; enact .............................................................HB 556 Local government; approval of bonded debt by election; population
brackets and the census; change certain provisions...........................................HB 1117 Local Government; electronic transmission of budgets; change
certain definitions ................................................................................................ SB 381 Local government; tenants of airports authorized to be members
of airport authority or commission; provide......................................................HB 1181 Local option sales tax proceeds; annual reporting of expenditures;
expand matters .....................................................................................................HB 814 Metropolitan Atlanta Rapid Transit Authority Act of 1965;
reconstitute board of directors ...........................................................................HB 1052 Municipalities; law enforcement contracts; population brackets
and census; change provisions...........................................................................HB 1026 Purchasing departments; public letting and bids; change provisions.....................HB 606 Revenue and taxation; census tract having at least 45% poverty
rate deemed eligible for tier one county tax treatment; provide..........................HB 747 Sales and use tax; educational purposes; only distributed on
basis of full-time equivalent student counts - CA .............................................HR 1150 Sales and use tax; tax credit reduction for educational purposes; provide...............HB 34 Service delivery strategy; water or sewer fees; change certain provisions ............HB 174 State Road and Tollway Authority; abolish .............................................................HB 18 Tax commissioner; present tax returns of the county; repeal
population exception..........................................................................................HB 1209 Tourism and Community Development Act; enact................................................HB 377
COUNTY BOARDS OF HEALTH Physicians; authorize the administration of vaccines by pharmacists/nurses; vaccine protocol agreements with physicians..................... SB 288 Water Conservation Act of 2011; enact .................................................................HB 153
COURTS 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions..........................................................................HB 1176

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INDEX

Brain and Spinal Injury Trust Fund; additional penalty assessments for additional violations; authorize....................................................................HB 1247
Child abuse; state-wide reporting system; create ...................................................HB 633 Civil practice; who may serve process; change provisions; superior court
clerks; provide for filing fees for applications for certified process servers ................................................................................................................HB 1048 Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors .................................HB 665 County governing authorities; sheriffs and certain offices; provide nonpartisan elections............................................................................................HB 682 Courts; judicial decisions binding; remove - CA .......................................................HR 5 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Courts; orders of delinquency for children who are victims of sexual abuse or sexual trafficking; provide for modification........................HB 1078 Courts; require marshals to notify protected persons upon the service of certain protective orders........................................................................ SB 52 Dismissal of appeal; improperly filed appeal may be dismissed by court; provide..................................................................................................HB 160 District attorneys; invest in public safety and prevention, not death penalty; urge...............................................................................................HR 250 Elections; add one percent judicial qualifying fee to fund the Commission; provide...........................................................................................HB 262 Eligibility requirements; probate court clerks; modify provisions.........................HB 534 Employees' Retirement System of Georgia; transfer service credit; provide .................................................................................................................HB 542 Family violence orders; person who seeks and obtains an order violates such order by engaging in certain activity; provide ...............................HB 983 Georgia Crime Information Center; criminal records; change provisions .............HB 402 Georgia Crime Information Center; disclosure of records to private persons; change provisions......................................................................HB 565 Georgia Crime Information Center; inspection or modifying criminal records; change provisions ....................................................................HB 663 Georgia Sheriffs' Cooperative Authority; create ..................................................HB 1141 Georgia Sheriffs' Cooperative Authority; create .................................................... SB 411 Georgia Supreme Court Chief Justice Carol W. Hunstein; Georgia is republic, not democracy; inform......................................................................HR 340 Georgia Tax Tribunal; create..................................................................................HB 100 Honorary office of sheriff emeritus; qualifications; modify ..................................HB 376 Judges and court employees; new employees not Retirement System of Georgia members; provide .................................................................HB 236 Judicial circuits; assistant district attorney for certain populations; repeal office ........................................................................................................HB 929

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6353

Judicial circuits; superior court judge for certain populations; repeal supplemental expense allowance ..............................................................HB 930
Judicial Qualifications Commission; remove discipline power; vested in General Assembly - CA ...........................................................................HR 6
Judicial Retirement System; certain judicial officers transfer funds; provide .................................................................................................................HB 533
Juries; certain persons ineligible to serve as trial or grand jurors; clarify..............HB 763 Jury Composition Reform Act of 2011; provide for a modernized
and uniform system of compiling, creating, maintaining, jury lists .................... SB 191 Juvenile arrest and detention; when interim control of children
is permitted; change provisions ...........................................................................HB 471 Juvenile court; rehearing an order of associate juvenile court judge;
delete provision....................................................................................................HB 272 Juvenile Justice Department; revise restrictions; possessions
of contraband at juvenile detention centers ......................................................... SB 366 Legal services for indigents; certain fees to fund accused; change
provisions.............................................................................................................HB 648 Legal services for indigents; dedicate existing fees; provide - CA ........................HR 977 Magistrates; termination under certain circumstances; provide.............................HB 149 Marshal responsibilities; only certified may serve process in court;
provide .................................................................................................................HB 526 Municipal Courts; require same training for all judges of courts
exercising municipal court jurisdiction ............................................................... SB 351 Municipalities; law enforcement contracts; population brackets
and census; change provisions...........................................................................HB 1026 Piedmont Judicial Circuit; superior court judgeship; create...................................HB 762 Prosecuting Attorneys; provide; probate courts, municipal courts, and
courts exercising municipal court jurisdiction; process of such employment ......................................................................................................... SB 352 Real Estate Professionals; provisions ..................................................................... SB 365 Rockdale County; chief magistrate; provide election ............................................HB 586 Sheriffs; how vacancies are filled; change provisions ...........................................HB 991 Southern Judicial Circuit; director of pretrial release program and other staff members make arrests and certain other powers; provide.........................HB 1304 State government; open meetings and records; revise provisions..........................HB 397 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 Superior court clerks; real estate or personal property filing fees; remove sunset date............................................................................................................HB 198 Superior Courts; increase penalties that can be imposed for contempt of court ................................................................................................. SB 107

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Superior Courts; provide additional judge of the Bell-Forsyth and Piedmont Judicial Circuits; initial appointment; election and term of office .................................................................................................................... SB 356
Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities....................................................................................................... SB 50
Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child.................................... SB 210
Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ..................................................................................HB 827
Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ..................................................................................HB 828
Violations of traffic laws; additional penalty to be assessed for driver education purposes; extend expiration date.........................................HB 871
COWETA COUNTY Board of commissioners; revise districts................................................................HB 690 Board of education; change description of districts ...............................................HB 694 Western Area Regional Radio System Authority; remove City of Douglasville and add Coweta County as a member......................................HB 1256
CRAWFORD COUNTY Board of Commissioners; revise districts...............................................................HB 959 Board of Education; change description of districts...............................................HB 958
CRIMES AGAINST THE PERSON Assault and battery; crimes upon health care workers; increase punishment...........................................................................................................HB 559 Caylee Anthony's Law; enact .................................................................................HB 974 Civil Practice; increase the tolling period for limitations for tort actions while a criminal prosecution is pending ........................................... SB 316 Crimes and offenses; prenatal murder unlawful; provide ..........................................HB 1 Criminal law and procedure; change term "victim" to "accuser"; provide ..............HB 14 Family violence orders; person who seeks and obtains an order violates such order by engaging in certain activity; provide ...............................HB 983 Health care facilities; regulation and licensing of assisted living communities; provide ..........................................................................................HB 405 Homicide; offering to assist in commission of suicide; repeal certain provisions; prohibit assisted suicide ......................................................HB 1114 Probation/Parole Community Based Supervision, Department of; create; change provisions ................................................................................................HB 620 Reckless conduct; hazing; change provisions ........................................................HB 659 Runaway Youth Safety Act; enact..........................................................................HB 185

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6355

Stalking; family violence order; define ..................................................................HB 342 The End to Cyberbullying Act; enact .....................................................................HB 310
CRIMES AND OFFENSES (CRIMINAL CODE) 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions..........................................................................HB 1176 Abortion; criminal abortion; change certain provisions.........................................HB 954 Abortion; prohibit performance of vasectomies...................................................HB 1116 Assault and battery; crimes upon health care workers; increase punishment...........................................................................................................HB 559 Caylee Anthony's Law; enact .................................................................................HB 974 "Chase's Law"; Schedule I and V controlled substance; "dangerous drug"; provisions............................................................................... SB 370 Child abuse; mandatory reporting; expand.............................................................HB 529 Commerce/Trade; define unlawful lotteries with regard to promotions; revise definition ................................................................................................... SB 431 Controlled substances; additional Schedule I substances; provide ........................HB 199 Controlled substances; certain drug-free zones; adopt and incorporate.................HB 491 Controlled Substances; changes to definition of written prescriptions for dangerous drugs; revise a definition .............................................................. SB 378 Controlled substances; Electronic Database Review Advisory Committee; establish provisions..........................................................................HB 184 Controlled substances; possession of and sale of pseudoephedrine drugs; change provisions ................................................................................................HB 437 Core curriculum; annual criminal law in Georgia instruction; require ..................HB 230 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Crimes and Offenses; contracts; payment of attorney's fees; provisions; prohibit contingent compensation under certain circumstances.......................... SB 181 Crimes and Offenses; define a certain term; political subdivision shall not enact any ordinance more restrictive of sale/possession of knife than general law ..................................................................................... SB 432 Crimes and offenses; discharging gun or pistol near public highway or street; change provisions ...............................................................................HB 1046 Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ............................................................................................... SB 350 Crimes and offenses; drug-free church zones; establish ......................................HB 1189 Crimes and offenses; new crime of false lien statements against public officers; provide........................................................................................HB 997 Crimes and offenses; prenatal murder unlawful; provide ..........................................HB 1 Crimes and offenses; removal of shopping carts and required posting of Code section in stores and markets; change provisions ...................HB 1093 Crimes and offenses; sale of handguns; regulate..................................................HB 1310

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6356

INDEX

Crimes and offenses; statute relating to no duty to retreat prior to use of force and to correct a cross-reference; repeal .....................................HB 1308
Criminal law and procedure; change term "victim" to "accuser"; provide ..............HB 14 Criminal offenses; failure to report a crime; provisions.........................................HB 691 Criminal Offenses; provide for new offense of transmitting
a false report; penalties ........................................................................................ SB 225 Criminal procedure; sentencing of defendants; repeal certain provisions............HB 1311 Criminal sale of recorded material; display official rating on
video movies; require...........................................................................................HB 504 Deposit account fraud; victim authorized to recover costs; clarify........................HB 488 Dogs; criminal penalties for certain owners failing to secure; provide..................HB 717 Drivers' licenses; convicted of crime against a minor; prohibit
certain transport ...................................................................................................HB 215 Due Process Restoration Act; enact............................................................................HB 8 Evidence; privileges; change provisions ................................................................HB 711 Family violence orders; person who seeks and obtains an order
violates such order by engaging in certain activity; provide ...............................HB 983 Felony; certain convicted may register to vote; provisions - CA.............................HR 72 Firearms and weapons; carrying, possession and disposition;
change provisions ................................................................................................HB 981 Firearms; authorize persons between the ages of 18 and 21
to carry firearms under certain circumstances ..................................................... SB 493 Firearms; carrying/possession; definitions; penalties;
issuance/qualifications for firearms licenses; provisions .................................... SB 102 Firearms; prohibit any additional limitations on carrying firearms
during states of emergency .................................................................................... SB 26 Firearms; provide exemption from application of certain laws
for persons possessing valid weapons carry licenses; exceptions ......................... SB 98 Firearms; retired judges; provide exemption............................................................HB 58 Freedom of Choice and Security Act; enact...............................................................HB 5 Gambling Addiction Trust Fund; create - CA ........................................................HR 808 Georgia Constitutional Carry Act of 2012; enact...................................................HB 679 Georgia Second Chance Reintegration Initiative; bipartisan change;
recognize..............................................................................................................HR 498 Guardian and ward; criminal background checks for persons
seeking to become a guardian; provide ...............................................................HB 850 Homicide; offering to assist in commission of suicide; repeal
certain provisions; prohibit assisted suicide ......................................................HB 1114 Horse racing; pari-mutuel wagering; provide - CA................................................HR 186 House Study Committee on Compensation for the Convicted Innocent;
create ..................................................................................................................HR 1675 Hunting; authorize the use of silencers on hunting firearms
under certain circumstances................................................................................. SB 301

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INDEX

6357

Joint Human Trafficking Study Commission; create ...........................................HR 1151 Judicial and other proceedings; prohibit intimidation of law enforcement
officers in retaliation for officer's actions of carrying out official duties............HB 541 Jury Composition Reform Act of 2011; provide for a modernized
and uniform system of compiling, creating, maintaining, jury lists .................... SB 191 Juvenile Justice Department; revise restrictions; possessions
of contraband at juvenile detention centers ......................................................... SB 366 Labor; provide provisions prohibiting mass picketing shall
apply to certain private residences....................................................................... SB 469 License to carry a pistol or revolver; training for certain persons; provide ...........HB 286 Obstruction of Public Administration; establish the offense of unlawful
pointing of a laser device at a law enforcement officer; penalties ...................... SB 441 Offenses against public order; criminal defamation; change provisions................HB 348 Offenses against public order; define certain terms; defamation;
provisions.............................................................................................................HB 680 Official Code of Georgia; revise, modernize and correct errors
or omissions .........................................................................................................HB 942 Pain-Capable Unborn Child Protection Act; enact...................................................HB 89 Pharmacists; hard copy prescriptions on security paper; define; require ...............HB 469 Probation/Parole Community Based Supervision, Department of; create;
change provisions ................................................................................................HB 620 Probation; prohibit first offender treatment for certain crimes
involving law enforcement officers ..................................................................... SB 231 Prosecuting Attorneys; provide; probate courts, municipal courts, and
courts exercising municipal court jurisdiction; process of such employment ......................................................................................................... SB 352 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ................................. SB 40 Public health and morals; cruelty to animals; change provisions...........................HB 440 Reckless conduct; hazing; change provisions ........................................................HB 659 Residential mortgage fraud; mortgage lending process; revise definition .............HB 237 Runaway Youth Safety Act; enact..........................................................................HB 185 Secondary metals recyclers; comprehensive regulation of theft of regulated metal property; provide ...................................................................HB 888 Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods ............................HB 895 Stalking; family violence order; define ..................................................................HB 342 State Authority and Anti-racketeering Act; enact ....................................................HB 21 The Anti Road Agent Gang Act; enact.....................................................................HB 36 The End to Cyberbullying Act; enact .....................................................................HB 310 The Interception and Disclosure of Geolocation Information Protection Act of 2011; enact ..............................................................................HB 674 Theft; removal of shopping carts; change provisions...............................................HB 44

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6358

INDEX

Tobacco related objects; blunt wrap regulation; provide definition.......................HB 512 Torts; provide for liability for violations of laws relating to abortion;
definitions; wrongful death of an unborn child ................................................... SB 210 Watercraft operation; 0.08 alcohol concentration; violation; provide....................HB 315 Weapons; place of worship; repeal prohibition........................................................HB 54 Weapons; school and postsecondary facilities; repeal prohibition...........................HB 55 Weapons; training as a prerequisite for carry license; provide ..............................HB 735
CRIMINAL PROCEDURE 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions..........................................................................HB 1176 Bail; certain offenses collect DNA as condition of bail; require............................HB 288 Bonds; release unclaimed bonds one year after surety released; provide ..............HB 372 Civil Practice; increase the tolling period for limitations for tort actions while a criminal prosecution is pending ........................................... SB 316 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Crime Victims' Bill of Rights; fail to notify victim of parole; provide consequences .........................................................................................HB 639 Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ............................................................................................... SB 350 Criminal law and procedure; change term "victim" to "accuser"; provide ..............HB 14 Criminal procedure; sentencing of defendants; repeal certain provisions............HB 1311 Death penalty; imposition under certain circumstances; prohibit ........................HB 1211 Death penalty; repeal in this state.........................................................................HB 1168 Drivers' licenses; felony offense demarcated on license; provisions .......................HB 91 Evidence; extend the attorney-client privilege to third persons under certain circumstances................................................................................... SB 31 Felony; certain convicted may register to vote; provisions - CA.............................HR 72 Firearms and weapons; carrying, possession and disposition; change provisions ................................................................................................HB 981 Georgia Crime Victims Emergency Fund; define a certain term ...........................HB 157 Georgia General Assembly 2011 Session; House Bill 87; repeal provisions.............................................................................................................HB 796 Georgia Public Defender Standards Council; pay attorney in event of conflict of interest in capital cases; change certain provisions............................HB 940 Kathryn Johnston's Law; enact ...................................................................................HB 9 Legal services for indigents; certain fees to fund accused; change provisions.............................................................................................................HB 648 Legal services for indigents; dedicate existing fees; provide - CA ........................HR 977 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Pain-Capable Unborn Child Protection Act; enact...................................................HB 89

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INDEX

6359

Probation/Parole Community Based Supervision, Department of; create; change provisions ................................................................................................HB 620
Probation; prohibit first offender treatment for certain crimes involving law enforcement officers ..................................................................... SB 231
Prosecutions; commence at any time for certain offenses; provide .......................HB 676 Public Contracts; provide penalties for the failure of a public
employer to utilize the federal work authorization program ................................. SB 40 Search warrants by video conference; what portion of video
maintained; clarify ...............................................................................................HB 196 Show cause hearing; application and notice to appear; provide.............................HB 155 Transportation of Hazardous Materials Act; enact; provisions..............................HB 252 Trooper First Class Chadwick Lee LeCroy Act; enact ............................................HB 32
CRISP COUNTY; Board of Commissioners; change description of districts...............................................................................................................HB 1293

D
DADE COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 State highway system; dedicate certain portions..................................................HR 1177
DALTON, CITY OF; Dalton-Whitfield County Charter and Consolidation Commission; referendum results; change certain provisions............................................................................................................. SB 433
DANIELSVILLE, CITY OF; Highway 98 by Ricky Fitzpatrick Highway; Commerce to Danielsville; dedicate .................................................HR 1642
DAWSONVILLE, CITY OF; Dawsonville Airport Authority Act; enact .............HB 453
DAY CARE Day-care centers; install safety alarms in vehicles used to transport children; permit....................................................................................................HB 857 Early care and learning; family day-care homes; revise limitation......................HB 1170
DEAF PERSONS (See Handicapped Persons)
DEATH PENALTY Death penalty; imposition under certain circumstances; prohibit ........................HB 1211

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6360

INDEX

Death penalty; repeal in this state.........................................................................HB 1168 District attorneys; invest in public safety and prevention, not
death penalty; urge...............................................................................................HR 250
DEBTOR AND CREDITOR Banking and finance; credit exposure as a counterparty in derivative transactions; limit certain obligations..................................................................HB 886 Debtor and creditor; debt adjustment; revise certain provisions ............................HB 901 Garnishment proceedings; filing of certain answers may be done by authorized officers or employees; provisions ........................................HB 683 Sales and use tax; deductions or refund amounts charged off private label credit card or dealer credit programs; provide requirements.............................HB 1054 'Small Business Borrower Protection Act'; enact; provide recovery limits for debt obligations by successor creditors ............................................... SB 448 Uniform Fraudulent Transfer Act; charitable contributions made shall not be deemed fraudulent when received in good faith; provide..............HB 1079
DECATUR COUNTY Board of Commissioners; change the description of commissioner districts................................................................................................................. SB 388 Board of Education; change the description of the education districts .................. SB 389 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
DECATUR, CITY OF Board of Education; change description of districts...............................................HB 842 Change corporate limits of city ............................................................................HB 1219
DEKALB COUNTY Board of commissioners; change description of districts.....................................HB 1222 Board of education; change description of districts .............................................HB 1290 Board of education; provide for certain terms of office .......................................HB 1289 Board of education; revise composition ...................................................................HB 22 Board of education; revise the composition; nonpartisan election......................... SB 226 Brookhaven, City of; provide a charter ..................................................................HB 636 "Buy DeKalb!" Initiative; recognize ....................................................................HR 1447 Charles "Chuck" Burris Memorial Bridge; City of Atlanta; dedicate ....................HR 719 Change the description of commissioner districts.................................................. SB 518 City of Doraville; filling of vacancies in offices of mayor and councilmember; provide ....................................................................................HB 1019 DeKalb, City of; provide a charter .......................................................................HB 1090 Levy an excise tax ................................................................................................HB 1113

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6361

Nonbinding, advisory referendum by electors to ascertain if schools should place or operate a telecommunication tower on school property; provide ...............................................................................................................HB 1299
Operation of telecommunications towers on certain public school property; prohibit ...............................................................................................HB 1197
Recorder's Court; payment of costs in such court; provide..................................HB 1230 Reduction of board of education members from nine to seven; provide ...............HB 671 School System; provide a code of ethics; definitions; prohibited practices............. SB 84 State Court; change certain fees ...........................................................................HB 1025 State highway system; dedicate certain portions..................................................HR 1177
DENTISTS AND DENTAL HYGIENISTS "Georgia Volunteers in Dentistry and Dental Hygiene Act"; provide for special licenses for dentists and dental hygienists licensed in other jurisdictions .............................................................................. SB 338
DEVELOPMENT AUTHORITIES LAW Bonds; certain validation hearing appearance provisions; provide........................HB 844 Development Authorities Law; include facilities owned by public or private entity; amend definition ...........................................................HB 475 Joint authorities; modify job tax credit received; revise investment tax credits.............................................................................................................HB 384
DIGITAL EQUIPMENT AND COMPUTERS The End to Cyberbullying Act; enact .....................................................................HB 310 United States Congress; enact a uniform Internet privacy law; urge ...................HR 1120
DISABLED PERSONS (See Handicapped Persons)
DISTILLED SPIRITS (See Alcoholic Beverages)
DISTRICT ATTORNEYS (See Attorneys)
DIVORCE (See Domestic Relations)
DNA Bail; certain offenses collect DNA as condition of bail; require............................HB 288 DNA analysis; transfer provisions; expand types of samples collected; provisions ............................................................................................HB 299
DODGE COUNTY Board of Education; change description of districts...............................................HB 885 Board of Education; officers receive compensation; provide ................................HB 561

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6362

INDEX

Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
Dodge County-Eastman Development Authority; provide for membership........................................................................................................HB 1251
Heart of Georgia Regional Airport Authority; change method of appointing members .....................................................................................HB 1252
DOGS Dangerous and vicious dogs; injury and damage liability; define .........................HB 148 Dogs; criminal penalties for certain owners failing to secure; provide..................HB 717 Dogs; dangerous and vicious; revise provisions ....................................................HB 685
DOMESTIC RELATIONS 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions..........................................................................HB 1176 Adoption records; medical information open to certain persons; clarify .................HB 65 Adoption; issuance of copy of an original birth certificate to certain adult persons; provide..............................................................................HB 748 Adoption; withdrawing a surrender of parental rights; change period.................HB 1212 Child abuse; mandatory reporting requirements; expand.......................................HB 948 Child abuse; mandatory reporting; expand.............................................................HB 529 Child abuse; state-wide reporting system; create ...................................................HB 633 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Defense of Marriage Act; United States Congress defend challenges to constitutionality; urge ......................................................................................HR 471 Domestic Relations; child abuse; expand mandatory reporting requirements; provide for procedure; exception.................................................. SB 355 Family violence; holdover provisions for appointees; add.....................................HB 733 Family violence; include inflicting unjustified injury to household animal; provide ....................................................................................................HB 493 Military Parents' Rights Act; enact.........................................................................HB 282 Parent and child; grandparent visitation rights; modify provisions......................HB 1198 Probation/Parole Community Based Supervision, Department of; create; change provisions ................................................................................................HB 620 United States Congress; propose Parental Rights Amendment; urge ....................HR 738
DORAVILLE, CITY OF Change the corporate limits .................................................................................... SB 532 DeKalb County; filling of vacancies in offices of mayor and councilmember; provide ....................................................................................HB 1019
DOUGHERTY COUNTY; Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize ......................................HR 1376

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6363

DOUGLAS COUNTY Board of Commissioners; reapportion districts ......................................................HB 813 Board of Education; change description of districts...............................................HB 812 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873
DOUGLASVILLE, CITY OF Change description of election districts................................................................HB 1264 Western Area Regional Radio System Authority; remove City of Douglasville and add Coweta County as a member......................................HB 1256
DRIVERS LICENSES Drivers' licenses; convicted of crime against a minor; prohibit certain transport ...................................................................................................HB 215 Drivers' licenses; examinations only in English language; provide .........................HB 72 Drivers' licenses; felony offense demarcated on license; provisions .......................HB 91 Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits........................ SB 236 Georgia Motor Common and Contract Carrier Act of 2012; enact........................HB 865 'Interstate Compact on Educational Opportunity for Military Children'; provide for purpose and policy ........................................................... SB 227 License Plates; require a sworn statement by an applicant for a tag renewal ........................................................................................................ SB 138 Limited driving permits; certain offenders; allow issuance .....................................HB 26 Pain-Capable Unborn Child Protection Act; enact...................................................HB 89 Probation/Parole Community Based Supervision, Department of; create; change provisions ................................................................................................HB 620 Restoration of licenses; certified driver improvement programs for purposes of completing certain probation requirements; require ................HB 1137 Restoration of licenses; certified DUI Alcohol or Drug Use Risk Reduction Programs; modify provisions...................................................HB 1133 Restoration of licenses; certified DUI Alcohol or Drug Use Risk Reduction Programs; modify provisions...................................................HB 1135 Right to Travel Act; enact...........................................................................................HB 7 Rules of the road; driver meet or overtake school bus; enforce by video images; provide.....................................................................................HB 254 State government; open meetings and records; revise provisions..........................HB 397
DRIVING UNDER THE INFLUENCE, DUI Driving under the influence; clinical evaluation; modify provisions...................HB 1136 Driving under the influence; convicted have ignition interlock device installed; require .......................................................................................HB 435

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6364

INDEX

House Study Committee on Driver Education and DUI Risk Reduction Programs; create ...............................................................................HR 2051
Restoration of licenses; certified DUI Alcohol or Drug Use Risk Reduction Programs; modify provisions...................................................HB 1133
Restoration of licenses; certified DUI Alcohol or Drug Use Risk Reduction Programs; modify provisions...................................................HB 1135
Rules of the Road; provide driving under influence of alcohol/drugs by illegal alien is a felony ......................................................................................... SB 162
Traffic offenses; driving under the influence; first time conviction; require ignition interlock device..........................................................................HB 427
Traffic offenses; expungement of conviction for driving under the influence under certain circumstances; provide.............................................HB 799
Watercraft operation; 0.08 alcohol concentration; violation; provide....................HB 315
DULUTH, CITY OF; change corporate limits of city ..........................................HB 1204

E
EARLY COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Jimmie Hodge Timmons, Junior, Highway; Early/Calhoun counties; designate ............................................................................................................HR 1158 State highway system; dedicate certain portions..................................................HR 1177
EASTMAN, CITY OF Dodge County-Eastman Development Authority; provide for membership........................................................................................................HB 1251 Heart of Georgia Regional Airport Authority; change method of appointing members .....................................................................................HB 1252
EATONTON, CITY OF; Eatonton-Putnam Water and Sewer Authority; composition; change certain provisions ............................................................HB 1255
ECHOLS COUNTY Board of Commissioners; provide for elections and terms of office....................HB 1215 Private First Class Don Manac Memorial Bridge; Clinch and Echols Counties; dedicate....................................................................................HR 573
ECONOMIC DEVELOPMENT, DEPARTMENT OF Economic Development Trust Fund; create - CA ..................................................HR 421

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6365

Economic Development, Department of; Division of Minority and Women's Business Development; create ....................................................HB 1241
Economic Development, Department of; Georgia Capital Acceleration Authority; create ..................................................................................................HB 718
Economic Development, Department of; Georgia Certified Retirement Community Program; create ...............................................................HB 76
Georgia Sports Hall of Fame Authority; educational tourist attractions throughout state; provisions ...............................................................HB 448
Tourism Marketing Act of 2012; enact ................................................................HB 1274
EDUCATION Agriculture; farm to school program to promote sale of Georgia products to school districts; provide ....................................................................HB 843 Air quality; facilities emitting pentachlorophenol near schools; provide collective emissions limitations..............................................................HB 716 Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 662 Board of Regents; provide multiyear lease agreements ......................................... SB 220 Boards of education; funding to retrofit school buses; pollution control; urge.......................................................................................................HR 1093 Boards of education; implement renewable energy systems; urge ........................HR 692 Career and Technical Education Advisory Commission; meetings; change certain provisions.....................................................................................HB 130 Charter schools; creation of alternate authorizers to approve establishment; authorize General Assembly - CA.............................................HR 1521 Charter schools; personnel comply with public school certification; require ..................................................................................................................HB 661 Charter system earnings; full-time equivalent student; repeal ...............................HB 651 Child abuse; mandatory reporting; expand.............................................................HB 529 Child abuse; state-wide reporting system; create ...................................................HB 633 Contracts and purchases by public schools; contractual and purchasing preferences for Georgia service providers; modify provisions ...........................HB 881 Core curriculum; annual criminal law in Georgia instruction; require ..................HB 230 County Boards of Education; homestead option sales and use tax; county sales and use tax for educational purposes; delay effective date of Code section .................................................................................................................. SB 412 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Credit Articulation Agreements Act; enact ............................................................HB 176 Day care centers; employees and directors; require satisfactory child protective services report..........................................................................HB 1220 Day-care centers; install safety alarms in vehicles used to transport children; permit....................................................................................................HB 857 Disabled persons with service dog; schools, colleges, and universities; add provisions ........................................................................................................HB 52

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6366

INDEX

Dropout Deterrent Act; enact .................................................................................HB 807 Early care and education programs; influenza vaccine; provide
information...........................................................................................................HB 845 Early care and learning; family day-care homes; revise limitation......................HB 1170 Education, Department of and Professional Standards Commission;
develop educator ethics course; direct .................................................................HR 461 Education, Department of; develop strategy regarding dangers
of explicit images in texts; require.......................................................................HB 267 Education, Department of; ten-year projection of costs for bills
to create a program or funding category having impact on revenues or expenditures; require......................................................................HB 1178 Education; annual program on United States Constitution; require.......................HB 425 Education; athletic coaches; complete sports safety course prior to service; provide..................................................................................................HB 1045 Education; authority for the State School Superintendent to employ and dismiss employees ................................................................................................. SB 38 Education; authorize public school students in charter schools/virtual schools to participate in extracurricular activities at resident schools................... SB 34 Education; collect data pertaining to illegal and undocumented students; provide .................................................................................................................HB 296 Education; direct classroom expenditures; revise definition..................................HB 705 Education; home study programs; declaration of intent and attendance records sent to Department of Education; provide ..............................HB 39 Education; leasing of certain public school property for the purpose of erecting telecommunication towers; prohibit ..................................HB 1128 Education; mandatory for children between ages six and sixteen; change age requirements......................................................................................HB 992 Education; maximize the number of students taking at least one course containing online learning prior to graduation .................................. SB 289 Education; parent conference for two consecutive failing grades; provisions.............................................................................................................HB 276 Education; provide annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools/school systems. ....................................................................................... SB 410 Education; provide for development of category -level expenditure controls for staff development funds ................................................................... SB 404 Education; school health nurse programs; revise provisions ................................. SB 183 Education; school health nurse programs; revise provisions ................................. SB 403 Education; student transportation; revise provisions..............................................HB 452 Education; temporarily extend multiple provisions ...............................................HB 172 Education; termination or suspension of a contract of employment; revise provisions; provide requirements for furlough days ................................. SB 153

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6367

Education; time frame relative to hearings before administrative law judges; eliminate ...........................................................................................HB 825
Education; tuition equalization grants and HOPE scholarships and grants; revise certain definitions ................................................................... SB 119
Educational professionals; reduce salary if test scores were falsified; provide ..................................................................................................HB 692
Elections; valid student identification card with photograph to vote; provide ....................................................................................................HB 707
Elementary and secondary education; annual fitness assessment program; repeal requirements ............................................................................HB 1192
Elementary and secondary education; annual reporting of bullying incidents; require..................................................................................................HB 874
Elementary and secondary education; capital outlay funds replace exceptional growth program; broaden eligibility for low-wealth capital outlay grants .............................................................................................HB 760
Elementary and secondary education; care of students with diabetes in school; provide ..................................................................................HB 879
Elementary and secondary education; delete and clarify provisions......................HB 706 Elementary and secondary education; mandatory attendance;
revise certain provisions ......................................................................................HB 821 Elementary and secondary education; school health nurse programs;
revise provisions ..................................................................................................HB 935 Elementary and secondary education; students with chronic
disciplinary problems; provide observation by parent in classroom ...................HB 856 Elementary and secondary education; teacher's authority to
remove a student from a classroom; expand......................................................HB 1224 Firearms and weapons; carrying, possession and disposition;
change provisions ................................................................................................HB 981 Firearms; carrying/possession; definitions; penalties;
issuance/qualifications for firearms licenses; provisions .................................... SB 102 Food sales and service establishments; revise definitions; exempt
certain activities ...................................................................................................HB 681 General Assembly and Governor increase quality and affordability
of pre-K programs; urge ......................................................................................HR 364 General Assembly; establish state-wide education policy; clarify
authority - CA ....................................................................................................HR 1335 General Assembly; state-wide education policy; clarify authority - CA .............HR 1162 Georgia Charter Schools Commission; exclude Retirement
System membership; provisions ..........................................................................HB 664 Georgia Charter Schools Commission; repeal an article; provide
for establishment of State Charter Schools Commission ....................................HB 797 Georgia-grown farm products; promote production, purchase, and
consumption.........................................................................................................HB 367

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6368

INDEX

Georgia Higher Education Facilities Authority; increase the amount of bonding authority ............................................................................... SB 302
Georgia House of Representatives; begin conversation to look at policy that will empower undocumented students access to higher education; urge ...................................................................................................................HR 2089
Georgia Public Service Commission; provide jurisdiction; provisions .................HB 688 Georgia Student Extracurricular Partnership Act; enact ........................................HB 271 Georgia Student Finance Commission; provide necessary data
and information to assess whether HOPE scholarship is meeting desired results; urge ...........................................................................................HR 1564 Georgia's Return to Play Act of 2012; enact ..........................................................HB 673 Herty Advanced Materials Development Center; change provisions; rename and transfer governance to Board of Regents ........................................ SB 396 High School Athletics Overview Committee; create .............................................HB 809 High School Athletics Overview Committee; create .............................................HB 836 Higher Education Scholarships for High School Students Act; enact ...................HB 171 HOPE grants; lower grade point average for maintaining eligibility; provide .................................................................................................................HB 837 HOPE scholarship; dual credit enrollment courses treated equal to advancement placement to determine eligibility; provide.............................HB 1207 HOPE scholarships and grants; purposes of eligibility; add maximum annual household income requirement.............................................HB 1156 HOPE scholarships and grants; scholarship for attending out-of-state institutions; provide ...........................................................................................HB 1237 HOPE scholarships and grants; Zell Miller Scholars at eligible public postsecondary institutions; limit number................................................HB 1155 HOPE scholarships and grants; Zell Miller Scholar; revise definition ................HB 1147 HOPE scholarships and grants; Zell Miller Scholar; revise definition ................HB 1157 HOPE; family income limit on eligibility; provide................................................HB 159 House Study Committee on Expulsion School Creation; create ..........................HR 1277 Income tax credit; certain contributions to public schools; provide.....................HB 1073 Income tax returns; contributions to Georgia's Pre-K Program; authorize ............HB 406 Interstate Compact on Educational Opportunity for Military Children; adopt; provide for purpose/policy of said impact................................ SB 219 'Interstate Compact on Educational Opportunity for Military Children'; provide for purpose and policy ........................................................... SB 227 Joint Early Learning Study Committee; create.....................................................HR 1519 Joint Higher Education Finance Study Committee; create.....................................HR 495 Lawful presence verification; postsecondary education; reserve benefits ...............HB 59 Local boards of education; counties with homestead option tax; provide requirements...........................................................................................................HB 63 Local boards of education; health insurance benefits to certain former members; authorize..................................................................................HB 689

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6369

Local boards of education; members serve no less than four year terms; provide ..............................................................................................HB 305
Local government; approval of bonded debt by election; population brackets and the census; change certain provisions...........................................HB 1117
Locally Initiated Funding for Educational-Choice (LIFE) Act; enact ...................HB 654 Nonpublic Postsecondary Educational Institutions Act of 1990;
operate by means of accreditation; provide authorization...................................HB 792 Nurses; approved nursing education programs; revise definitions.........................HB 675 Official Code of Georgia; revise, modernize and correct errors
or omissions .........................................................................................................HB 942 Parent Trigger Act; enact........................................................................................HB 731 Persons licensed to practice orthotics or prosthetics; continuing
education requirements; revise provisions.........................................................HB 1143 Postsecondary education; reserve benefits to citizens and lawfully
present and eligible aliens......................................................................................HB 25 Presidential Eligibility Assurance Act; enact .........................................................HB 401 Professional Learning Rules Task Force; establish................................................HR 489 Professional Standards Commission; establish certification
renewal rules; direct.............................................................................................HR 492 Protecting Public School Funds Act; enact ............................................................HB 312 Public school students' records; option to not release information
to military recruiters; provide ..............................................................................HB 567 Qualified education tax credit; subject to offset; broaden types
of tax liability.......................................................................................................HB 862 Quality Basic Education Act; calculating equalization grants;
revise method.......................................................................................................HB 824 Quality Basic Education Act; career and college readiness initiatives;
delay implementation...........................................................................................HB 713 Quality Basic Education Act; category-level expenditure controls
for staff development funds; provide...................................................................HB 936 Quality Basic Education Act; provide various additional academic and
extracurricular options for students; Online Clearinghouse Act; enact...............HB 175 Reckless conduct; hazing; change provisions ........................................................HB 659 Retirement; provide an increase in the employee contribution;
retirement benefit; conditions .............................................................................. SB 246 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Sales and use tax; authorize without all independent school
participation; allow - CA .....................................................................................HR 761 Sales and use tax; certain school supplies, clothing, and computers;
provide exemption ...............................................................................................HB 136 Sales and use tax; educational purposes; only distributed on
basis of full-time equivalent student counts - CA .............................................HR 1150 Sales and use tax; tax credit reduction for educational purposes; provide...............HB 34

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6370

INDEX

Sales and use tax; tax credit reduction for educational purposes; provide - CA ..........................................................................................................HR 12
Sales tax; distribution for educational purposes; change certain provisions..........HB 896 Scholarship program; special needs students; provide additional
notification .............................................................................................................HB 62 School bus operation; procedure for unloading children under
eight years; require...............................................................................................HB 528 School systems; election to dissolve an independent school
system if it becomes financially insolvent; provide ............................................HB 894 Special needs scholarship program; provide additional notification;
waiver one requirement; provisions.....................................................................HB 181 State Board of Education; Governor's authority upon a recommendation;
revise provisions ..................................................................................................HB 859 State Board of Education; rape prevention and personal safety
programs; incorporate ..........................................................................................HB 283 State government; open meetings and records; revise provisions..........................HB 397 State Personnel Administration; abolish; transfer certain functions
to Department of Administrative Services ..........................................................HB 642 State-funded higher-learning institutions; establish recycling
and waste management; urge.............................................................................HR 1874 Student Achievement Office of; private college submit confidential
student data to Department of Education shall not be liable for breach.............. SB 405 Student health; automated external defibrillators; require .....................................HB 408 Student scholarship organizations; education income tax credit;
revise provisions ..................................................................................................HB 369 Student scholarship organizations; testing requirements for
qualified schools and programs which enroll eligible students; provide ..........HB 1292 Teachers and personnel; termination, demotion or reprimand;
reduce force policies; provisions .........................................................................HB 257 Teachers; expungement of records; revise provisions............................................HB 173 Teachers; provide for improvement and retention; establish
task force to review professional learning requirements ..................................... SB 184 The End to Cyberbullying Act; enact .....................................................................HB 310 Traffic Operations and School Safety Act of 2011; enact......................................HB 202 Tuition grant assistance; Georgia Military College; provide ...................................HB 74 University System of Georgia; appropriations paid in lump sum; repeal
provision - CA .........................................................................................................HR 8 University System of Georgia; tuition not exceed inflation rate;
provisions - CA....................................................................................................HR 383 Veterans Day; public schools closed November 11 each year; provide ..................HB 79 Weapons; school and postsecondary facilities; repeal prohibition...........................HB 55

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6371

EDUCATION, DEPARTMENT OF AND STATE BOARD OF Education, Department of and Professional Standards Commission; develop educator ethics course; direct .................................................................HR 461 Education, Department of; ten-year projection of costs for bills to create a program or funding category having impact on revenues or expenditures; require......................................................................HB 1178 Education; authorize public school students in charter schools/virtual schools to participate in extracurricular activities at resident schools................... SB 34 Education; home study programs; declaration of intent and attendance records sent to Department of Education; provide ..............................HB 39 Elementary and secondary education; delete and clarify provisions......................HB 706 State Board of Education; Governor's authority upon a recommendation; revise provisions ..................................................................................................HB 859
EDUCATION; ELEMENTARY AND SECONDARY (Also, see Education)
Agriculture; farm to school program to promote sale of Georgia products to school districts; provide ....................................................................HB 843
Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 662 Charter schools; personnel comply with public school certification;
require ..................................................................................................................HB 661 Charter system earnings; full-time equivalent student; repeal ...............................HB 651 Child abuse; mandatory reporting; expand.............................................................HB 529 Contracts and purchases by public schools; contractual and purchasing
preferences for Georgia service providers; modify provisions ...........................HB 881 Core curriculum; annual criminal law in Georgia instruction; require ..................HB 230 County Boards of Education; homestead option sales and use
tax; county sales and use tax for educational purposes; delay effective date of Code section.............................................................................. SB 412 Crimes and offenses; prenatal murder unlawful; provide ..........................................HB 1 Dropout Deterrent Act; enact .................................................................................HB 807 Education, Department of; develop strategy regarding dangers of explicit images in texts; require.......................................................................HB 267 Education; annual program on United States Constitution; require.......................HB 425 Education; athletic coaches; complete sports safety course prior to service; provide..............................................................................................HB 1045 Education; authority for the State School Superintendent to employ and dismiss employees ............................................................................. SB 38 Education; authorize public school students in charter schools/virtual schools to participate in extracurricular activities at resident schools................... SB 34 Education; collect data pertaining to illegal and undocumented students; provide ..................................................................................................HB 296 Education; direct classroom expenditures; revise definition..................................HB 705

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6372

INDEX

Education; home study programs; declaration of intent and attendance records sent to Department of Education; provide ..............................HB 39
Education; leasing of certain public school property for the purpose of erecting telecommunication towers; prohibit ..................................HB 1128
Education; mandatory for children between ages six and sixteen; change age requirements......................................................................................HB 992
Education; maximize the number of students taking at least one course containing online learning prior to graduation .................................. SB 289
Education; parent conference for two consecutive failing grades; provisions.............................................................................................................HB 276
Education; provide annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools/school systems ........................................................................................ SB 410
Education; provide for development of category -level expenditure controls for staff development funds ................................................................... SB 404
Education; school health nurse programs; revise provisions ................................. SB 183 Education; school health nurse programs; revise provisions ................................. SB 403 Education; student transportation; revise provisions..............................................HB 452 Education; temporarily extend multiple provisions ...............................................HB 172 Education; termination or suspension of a contract of employment;
revise provisions; provide requirements for furlough days ................................. SB 153 Education; time frame relative to hearings before administrative
law judges; eliminate ...........................................................................................HB 825 Educational professionals; reduce salary if test scores were falsified;
provide .................................................................................................................HB 692 Elementary and secondary education; annual fitness assessment
program; repeal requirements ............................................................................HB 1192 Elementary and secondary education; annual reporting of bullying
incidents; require..................................................................................................HB 874 Elementary and secondary education; capital outlay funds replace
exceptional growth program; broaden eligibility for low-wealth capital outlay grants .............................................................................................HB 760 Elementary and secondary education; care of students with diabetes in school; provide ..................................................................................HB 879 Elementary and secondary education; delete and clarify provisions......................HB 706 Elementary and secondary education; mandatory attendance; revise certain provisions ......................................................................................HB 821 Elementary and secondary education; school health nurse programs; revise provisions ..................................................................................................HB 935 Elementary and secondary education; students with chronic disciplinary problems; provide observation by parent in classroom ...................HB 856 Elementary and secondary education; teacher's authority to remove a student from a classroom; expand......................................................HB 1224

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INDEX

6373

Firearms and weapons; carrying, possession and disposition; change provisions ................................................................................................HB 981
Firearms; carrying/possession; definitions; penalties; issuance/qualifications for firearms licenses; provisions .................................... SB 102
Georgia Charter Schools Commission; exclude Retirement System membership; provisions ..........................................................................HB 664
Georgia Charter Schools Commission; repeal an article; provide for establishment of State Charter Schools Commission ....................................HB 797
Georgia-grown farm products; promote production, purchase, and consumption.........................................................................................................HB 367
Georgia Public Service Commission; provide jurisdiction; provisions .................HB 688 Georgia Student Extracurricular Partnership Act; enact ........................................HB 271 Georgia's Return to Play Act of 2012; enact ..........................................................HB 673 High School Athletics Overview Committee; create .............................................HB 809 High School Athletics Overview Committee; create .............................................HB 836 Higher Education Scholarships for High School Students Act; enact ...................HB 171 HOPE scholarship; dual credit enrollment courses treated equal
to advancement placement to determine eligibility; provide.............................HB 1207 'Interstate Compact on Educational Opportunity for Military
Children'; provide for purpose and policy ........................................................... SB 227 Lawful presence verification; postsecondary education; reserve benefits ...............HB 59 Local boards of education; counties with homestead option tax; provide
requirements...........................................................................................................HB 63 Local boards of education; health insurance benefits to certain
former members; authorize..................................................................................HB 689 Local boards of education; members serve no less than four
year terms; provide ..............................................................................................HB 305 Locally Initiated Funding for Educational-Choice (LIFE) Act; enact ...................HB 654 Parent Trigger Act; enact........................................................................................HB 731 Presidential Eligibility Assurance Act; enact .........................................................HB 401 Professional Learning Rules Task Force; establish................................................HR 489 Public school students' records; option to not release information
to military recruiters; provide ..............................................................................HB 567 Quality Basic Education Act; calculating equalization grants;
revise method.......................................................................................................HB 824 Quality Basic Education Act; career and college readiness initiatives;
delay implementation...........................................................................................HB 713 Quality Basic Education Act; category-level expenditure controls
for staff development funds; provide...................................................................HB 936 Quality Basic Education Act; provide various additional academic and
extracurricular options for students; Online Clearinghouse Act; enact...............HB 175 Reckless conduct; hazing; change provisions ........................................................HB 659

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6374

INDEX

Scholarship program; special needs students; provide additional notification .............................................................................................................HB 62
School bus operation; procedure for unloading children under eight years; require...............................................................................................HB 528
School systems; election to dissolve an independent school system if it becomes financially insolvent; provide ............................................HB 894
Special needs scholarship program; provide additional notification; waiver one requirement; provisions.....................................................................HB 181
State Board of Education; Governor's authority upon a recommendation; revise provisions ..................................................................................................HB 859
State Board of Education; rape prevention and personal safety programs; incorporate ..........................................................................................HB 283
Student health; automated external defibrillators; require .....................................HB 408 Teachers and personnel; termination, demotion or reprimand;
reduce force policies; provisions .........................................................................HB 257 Teachers; expungement of records; revise provisions............................................HB 173 Teachers; provide for improvement and retention; establish
task force to review professional learning requirements ..................................... SB 184 The End to Cyberbullying Act; enact .....................................................................HB 310 Traffic Operations and School Safety Act of 2011; enact......................................HB 202 Veterans Day; public schools closed November 11 each year; provide ..................HB 79
EFFINGHAM COUNTY Board of Commissioners of Roads and Revenues; revise powers and duties of chairperson..........................................................................................HB 1257 Board of Education; correct dates of certain elections ...........................................HB 700
ELECTIONS Agreement Among the States to Elect the President by National Popular Vote; enact..............................................................................................HB 667 Augusta-Richmond County; advisory referendum election; provide.....................HB 652 County governing authorities; sheriffs and certain offices; provide nonpartisan elections............................................................................................HB 682 Distilled spirits; election superintendent shall hold referendum upon receipt of resolution; provide......................................................................HB 849 Elections; add one percent judicial qualifying fee to fund the Commission; provide...........................................................................................HB 262 Elections; adjust dates for certain elections to be held 2012; dates for qualifying for elections ......................................................................... SB 109 Elections; contributions; limit amount permitted by entities other than individuals.........................................................................................HB 1138 Elections; identification of campaign advertising; provide requirements..............HB 417

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INDEX

6375

Elections; incumbent qualify for reelection as independent without petition; provide...................................................................................................HB 439
Elections; independent candidates have additional qualifying period; provide .................................................................................................................HB 438
Elections; in-person absentee balloting; provide limitations..................................HB 138 Elections; nonpartisan election of sheriffs, district attorneys, and solicitor
generals; provide..................................................................................................HB 270 Elections; nonpartisan elections for members of consolidated
governments considered county elections; provide.............................................HB 776 Elections; political body and independent candidates file petition
for ballot access; remove requirement.................................................................HB 494 Elections; poll officers; provide for the Student Teen Election
Participant program.............................................................................................. SB 101 Elections; President and Vice President candidates meet Constitutional
qualifications; provide ...........................................................................................HB 37 Elections; provide for dates of nonpartisan elections; minimum
number of members for local boards of election ................................................... SB 92 Elections; selection and qualification of candidates and presidential
electors; provisions ..............................................................................................HB 725 Elections; special election; modify provisions .........................................................HB 68 Elections; valid student identification card with photograph to vote;
provide .................................................................................................................HB 707 Elective public office; person appointed to vacancy not eligible
for election; provide - CA........................................................................................HR 7 Ethics in Government Act; substantially revise .....................................................HB 798 Ethics in Government Act; substantially revise; rename Georgia
Government Transparency and Campaign Finance Commission as the State Ethics Commission.........................................................................HB 1105 Ethics in government; definition of a lobbyist; change........................................HB 1140 Felony; certain convicted may register to vote; provisions - CA.............................HR 72 Georgia Government Transparency and Campaign Finance Commission; rule making powers; provide.........................................................HB 889 House Study Committee on the National Popular Vote Initiative; create..............HR 792 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists .................... SB 191 Lobbyists; reporting expenditures for elected state officials; not subject; provisions ...........................................................................................HB 88 Primaries and elections; candidate disqualification is result of error then qualifying fee may be refunded; provide........................................HB 939 Primaries and elections; dates of nonpartisan elections; provide...........................HB 899 Primaries and elections; number of signatures for certain petitions shall be based on the turnout in last presidential election; provide .....................HB 949

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6376

INDEX

Primaries and elections; use of direct recording electronic (DRE) voting systems and voting machines; eliminate............................................................HB 1228
Public employees; not use government owned devices to promote or oppose legislation; provide..............................................................................HB 109
Public Service Commission; chairperson; change the term/manner of election ............................................................................................................ SB 483
School systems; election to dissolve an independent school system if it becomes financially insolvent; provide ............................................HB 894
State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642
ELECTRIC UTILITIES AND ELECTRICAL SERVICE Electric membership corporations; meetings open and public; provide ................HB 316 Electric Utilities; consumers may elect not to use smart meters; Public Service Commission may create/regulate a surcharge for consumers who elect not to use smart meters ................................................ SB 459 Energy purchase; amount of energy provider is required to purchase from generator; change ........................................................................................HB 520 House Study Commission on Subsidiary Corporation Condemnation for Electric Transmission Lines; create .............................................................HR 1543 Public utilities; voluntary portfolio standard goals for renewable energy; provisions................................................................................................HB 515
ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS AND UTILITY CONTRACTORS
Contractors; residential water treatment installation; exempt from licensing ........................................................................................................HB 57
Division of Roofing Contractors; create.................................................................HB 666 State Construction Industry Licensing Board; Division of Roofing
Contractors; create .............................................................................................HB 1221
ELLIJAY, CITY OF; C. Lloyd Smith Memorial Parkway; Gilmer County; dedicate ..................................................................................................HR 506
EMANUEL COUNTY Board of Commissioners; change description of districts ......................................HB 840 Board of Education; change description of districts...............................................HB 841
EMERGENCY MANAGEMENT ACT Emergency Defense of the Home Act; enact..............................................................HB 6 Firearms and weapons; carrying, possession and disposition; change provisions ................................................................................................HB 981 Freedom from Compulsory Pandemic Act; enact ....................................................HB 11

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6377

Georgia Emergency Management Agency; licensing of nongovernmental rescue organizations, groups, teams, search and rescue dog teams; eliminate.............................................................................................................HB 1081
Preventable diseases; establish provider system for children vaccines; require ..................................................................................................................HB 655
State government; open meetings and records; revise provisions..........................HB 397 Workers' compensation; parties to franchise agreement not
considered employees; provide............................................................................HB 548
EMERGENCY MEDICAL SERVICES Firefighter standards and training; provide automatic termination of firefighter convicted of felony; guardian and ward; provide matters relevant to guardians; emergency medical services personnel; change requirements ..........................................................................HB 247 Georgia Trauma Care Network Commission; report annually; House/Senate Committees on Health and Human Services; outcomes............... SB 489
EMERSON, CITY OF; City of Emerson Community Improvement Districts Act; enact.............................................................................................HB 1097
EMINENT DOMAIN Eminent domain; ownership of property seized to mitigate blight may be transferred within 20 years of condemnation; provide .........................HB 1058 Eminent domain; taking private property; prohibit - CA ...........................................HR 2
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT SECURITY Employment Security Law; define certain terms; provisions ................................HB 891 Employment security; change certain provisions relating to unemployment compensation; change certain provisions relating to the State-wide Reserve Ratio...........................................................................HB 347 Employment Security; unemployment compensation; provisions; change the amount of taxable wages; determination of weekly benefit amount; provisions................................................................................... SB 447 Self-employment Assistance Program; enact .........................................................HB 255 State-wide Reserve Ratio; extend suspension of adjustments; provide for increase in the overall rate ................................................................ SB 151 Unemployment compensation benefits; random drug testing to continue benefits; require ................................................................................HB 697 Unemployment insurance trust fund; law relating to amount and manner of fund collected; revise provisions ...............................................HB 1030

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6378

INDEX

ENERGY Boards of education; implement renewable energy systems; urge ........................HR 692 Community Affairs, Department of; adopt amendments to 2009 International Energy Conservation Code; urge .................................................HR 1948 Conservation use assessment; property use for solar energy not breach covenant; provide...............................................................................HB 564 Electric suppliers; energy saving plans; provide ....................................................HB 497 Homeowners' Solar Bill of Rights; enact ...............................................................HB 686 Homeowners' Solar Bill of Rights; enact ...............................................................HB 961 House Hydropower Study Committee; create ........................................................HR 694 House Study Committee on Open Loop Geothermal Heating and Cooling Systems; create................................................................................HR 880 House Study Committee on Renewable and Sustainable Energy in Georgia; create.................................................................................................HR 520 House Study Committee on the Use and Development of Nuclear Plants in Georgia; create ......................................................................................HR 691 Income tax credit; clean energy property; revise and change ................................HB 146 Income tax credit; energy costs for certain families; provide ................................HB 834 Joint Study Committee on Renewable Energy Industries in Georgia; create ....................................................................................................................HR 598 Public utilities; voluntary portfolio standard goals for renewable energy; provisions.............................................................................................................HB 515 Public utilities; voluntary portfolio standard goals for renewable energy; provisions.............................................................................................................HB 516 Residential developers and builders; offer solar energy system install; urge ......................................................................................................................HR 693 Sales and use tax; energy for manufacturing; provide exemption ...........................HB 86 State agencies; guaranteed energy savings performance contracts; change certain provisions.....................................................................................HB 934 State government; support nuclear and renewable energy; urge............................HR 510
ENGINEERS AND LAND SURVEYORS Engineers and land surveyors; certification eligibility; change requirements.........................................................................................................HB 166 Residential and general contractors; eligibility for license without exam for professional engineers; provide............................................................HB 870
ENVIRONMENTAL FACILITIES AUTHORITY Public utilities; voluntary portfolio standard goals for renewable energy; provisions.............................................................................................................HB 515 Public utilities; voluntary portfolio standard goals for renewable energy; provisions.............................................................................................................HB 516

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6379

ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources)
Boards of education; funding to retrofit school buses; pollution control; urge ...................................................................................................................HR 1093
Congress; prohibit Environmental Protection Agency from further regulating greenhouse gas emissions without study; urge.....................HR 1367
EQUAL RIGHTS Corporations in Georgia; deposit money in African American financial institutions; urge ...................................................................................HR 407 Economic Development, Department of; Division of Minority and Women's Business Development; create ....................................................HB 1241 House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; create.............................................................................HR 384 House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; create.............................................................................HR 426 Law enforcement officers; impermissibly use race or ethnicity to stop motorist; prohibit .....................................................................................HB 177 Law enforcement officers; use race or ethnicity to stop motorist; prohibit .............HB 94 Public officers and employees; sexual orientation and gender identity; prohibit discrimination ..........................................................................HB 630 Right to life; vested from moment of fertilization; provide - CA ........................HR 1072
ESTATES Estate tax; change certain definitions .....................................................................HB 190 Uniform Partition of Heirs Property Act; enact......................................................HB 744
ETHICS IN GOVERNMENT Education, Department of and Professional Standards Commission; develop educator ethics course; direct .................................................................HR 461 Elections; contributions; limit amount permitted by entities other than individuals.........................................................................................HB 1138 Elections; identification of campaign advertising; provide requirements..............HB 417 Ethics in Government Act; substantially revise .....................................................HB 798 Ethics in Government Act; substantially revise; rename Georgia Government Transparency and Campaign Finance Commission as the State Ethics Commission.........................................................................HB 1105 Ethics in government; definition of a lobbyist; change........................................HB 1140 Georgia Government Transparency and Campaign Finance Commission; rule making powers; provide.........................................................HB 889

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6380

INDEX

Lobbyists; reporting expenditures for elected state officials; not subject; provisions ...........................................................................................HB 88
Public employees; not use government owned devices to promote or oppose legislation; provide..............................................................................HB 109
EVANS COUNTY Board of commissioners; change description of districts.....................................HB 1020 Board of Education; change description of districts.............................................HB 1021
EVIDENCE DNA analysis; transfer provisions; expand types of samples collected; provisions ............................................................................................HB 299 Evidence; extend the attorney-client privilege to third persons under certain circumstances................................................................................... SB 31 Evidence; privileges; change provisions ................................................................HB 711 Evidence; spousal privilege in criminal proceedings; change provisions ..............HB 422 General Assembly; issuance of subpoenas; revise provisions ...............................HB 336 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Privilege of witnesses; confidentiality of communications; provide .....................HB 656 Uniform Interstate Depositions and Discovery Act; enact.......................................HB 46 Uniform Partition of Heirs Property Act; enact......................................................HB 744
EXCISE TAX Excise tax; certain tobacco products; change certain provisions .........................HB 1071

F
FAMILY (See Domestic Relations)
FAMILY VIOLENCE Family violence orders; person who seeks and obtains an order violates such order by engaging in certain activity; provide ...............................HB 983 Family violence; holdover provisions for appointees; add.....................................HB 733 Family violence; include inflicting unjustified injury to household animal; provide ....................................................................................................HB 493
FARMERS MUTUAL FIRE INSURANCE COMPANIES (Also, see Insurance)
Insurance; domestic farmers' mutual fire insurance companies; provisions .......... SB 203 Insurance; state domestic farmers' mutual fire insurance companies;
update provisions .................................................................................................HB 931
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6381

FAYETTE COUNTY; probate court judge nonpartisan elections; provide ...........HB 411
FAYETTEVILLE, CITY OF; Redevelopment Powers Law; authorize ................HB 349
FEDERAL GOVERNMENT Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions...................................................................HB 996 Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions.................................................................HB 1056 Agreement Among the States to Elect the President by National Popular Vote; enact..............................................................................................HB 667 Budget commission; counties having population of 300,000 or more according to census; repeal Act............................................................HB 1085 Congress; amend Communication Act of 1934; permit use of cellular jammers; urge .......................................................................................HR 1325 Congress; proposing an amendment to the Constitution; call a convention.......................................................................................................HR 1095 Cosmetic products; federal legislation to protect consumers; support...................HR 616 Defense of Marriage Act; United States Congress defend challenges to constitutionality; urge ......................................................................................HR 471 Elections; President and Vice President candidates meet Constitutional qualifications; provide ...........................................................................................HB 37 Federal government; cease collection of motor fuel taxes in Georgia; urge........HR 1237 Federal government; oppose state bailouts...........................................................HR 1094 Georgia Second Chance Reintegration Initiative; bipartisan change; recognize..............................................................................................................HR 498 Harris Neck Land Trust; pursue return of land from federal government to McIntosh County; recognize .......................................................HR 610 House Study Committee on the National Popular Vote Initiative; create..............HR 792 Intangible tax; population brackets and census relative to commission on collection of taxes; change certain provisions ..............................................HB 1094 Justice, Department of; intervene in death of Trayvon Martin in Sanford, Florida; urge....................................................................................HR 2017 Laws; Congress ratify amendment relating to adoption and challenge; urge ........................................................................................................................HR 23 Local government; approval of bonded debt by election; population brackets and the census; change certain provisions...........................................HB 1117 Lower Muskogee Creek Indian Tribe of Georgia; federal recognition; support .................................................................................................................HR 739 President Obama and Congress; propose overtime initiative be added to Fair Labor Standards Act; urge ......................................................HR 1645 Presidential Eligibility Assurance Act; enact .........................................................HB 401

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6382

INDEX

Revenue and taxation; Internal Revenue and Internal Revenue Code of 1986; define terms; clarify certain definitions relating to sales and use tax.........................................................................................................................HB 729
State Government; Constitutional Guardian Advisory Council; create .................HB 670 United States Congress; call convention for proposing an amendment;
make renewed application .................................................................................HR 1137 United States Congress; enact a uniform Internet privacy law; urge ...................HR 1120 United State Congress; enact FairTax and ratify the repeal of
the 16th Amendment; urge ................................................................................HR 1809 United States Congress; expand eligibility and reduce over
regulation of H-2A guest worker program; urge ...............................................HR 1672 United States Congress; expand eligibility requirements of H-2A guest
worker program; urge ........................................................................................HR 1562 United States Congress; making renewed application to call
for a convention; proposing an amendment to the Constitution of the United States.............................................................................................. SR 673 United States Congress; pass legislation on digital commerce; urge ...................HR 1119 United States Congress; propose Parental Rights Amendment; urge ....................HR 738 United States Congress; repeal Seventeenth Amendment to Constitution; urge ..............................................................................................HR 1130 United States Congress; urged to adopt/submit to states a balanced budget amendment to United States Constitution and balance current budget ...................................................................................................... SR 766 United States Department of Labor; recall proposed policies; urge.....................HR 1561 United States Supreme Court; ruling in Citizens United v. Federal Election Commission; oppose ...........................................................................HR 1377
FILMS, MOTION PICTURES AND MOVIES Cities of Marietta, Atlanta, and Jonesboro; recognize the Gone With the Wind Trail; urge..................................................................................HR 1239 Georgia Film Commission; base in Savannah-Chatham; urge Governor ............HR 1165 Income tax; film, video, or digital productions; revise credit ................................HB 392 Income tax; job tax credit; change certain definitions; tax credit for film or video production in Georgia; change certain provisions .................HB 1027
FINANCIAL INSTITUTIONS Banking and finance; credit exposure as a counterparty in derivative transactions; limit certain obligations..................................................................HB 886 Banks and trust companies; issuance of non-cash valued shares with approval; provide .........................................................................................HB 945 Elderly and disabled adults; financial service employees guard against fraud; clarify immunity ...........................................................................HB 446

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6383

Mortgage lenders and brokers; certain mortgage activities without a license; prohibit.................................................................................................HB 946
Multiple-party accounts; definition include preneed service entities; provide....................................................................................................HB 449
FINES AND FORFEITURES Brain and Spinal Injury Trust Fund; additional penalty assessments for additional violations; authorize....................................................................HB 1247 Legal services for indigents; certain fees to fund accused; change provisions.............................................................................................................HB 648 Legal services for indigents; dedicate existing fees; provide - CA ........................HR 977 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities....................................................................................................... SB 50 Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ..................................................................................HB 827 Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ..................................................................................HB 828 Violations of traffic laws; additional penalty to be assessed for driver education purposes; extend expiration date.........................................HB 871
FIRE PROTECTION AND SAFETY Fire Protection and Safety; buildings; transfer certain functions; Department of Labor and Commissioner of Labor to the Office of Safety Fire Commissioner and Safety Fire Commissioner ............................. SB 446 Fire Protection/Safety; consolidate primary state fire protection/safety services within a single agency; establish Department of Fire Safety ................ SB 186 Firefighter standards and training; provide automatic termination of firefighter convicted of felony; guardian and ward; provide matters relevant to guardians; emergency medical services personnel; change requirements ..........................................................................HB 247 Official Code of Georgia; revise, modernize and correct errors or omissions .............................................................................................................HB 942
FIREARMS (Also, see Weapons) Crimes and offenses; discharging gun or pistol near public highway or street; change provisions ...............................................................................HB 1046 Crimes and offenses; sale of handguns; regulate..................................................HB 1310 Firearms and weapons; carrying, possession and disposition; change provisions ................................................................................................HB 981 Firearms; authorize persons between the ages of 18 and 21 to carry firearms under certain circumstances ..................................................... SB 493

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6384

INDEX

Firearms; carrying/possession; definitions; penalties; issuance/qualifications for firearms licenses; provisions .................................... SB 102
Firearms; prohibit any additional limitations on carrying firearms during states of emergency .................................................................................... SB 26
Firearms; provide exemption from application of certain laws for persons possessing valid weapons carry licenses; exceptions ......................... SB 98
Firearms; retired judges; provide exemption............................................................HB 58 Hunting; authorize the use of silencers on hunting firearms
under certain circumstances................................................................................. SB 301 License to carry a pistol or revolver; training for certain persons; provide ...........HB 286 Weapons; place of worship; repeal prohibition........................................................HB 54 Weapons; school and postsecondary facilities; repeal prohibition...........................HB 55 Weapons; training as a prerequisite for carry license; provide ..............................HB 735
FIREFIGHTERS STANDARDS AND TRAINING Fire Protection/Safety; consolidate primary state fire protection/safety services within a single agency; establish Department of Fire Safety ................ SB 186 Firefighter standards and training; provide automatic termination of firefighter convicted of felony; guardian and ward; provide matters relevant to guardians; emergency medical services personnel; change requirements ..........................................................................HB 247
FISH AND FISHING (Also, see Game and Fish) Bait shrimp dealers; shrimp transported; increase limit to 200 quarts ...................HB 937 Fish and Fishing; limit the number of commercial crabbing licenses issued ................................................................................................................... SB 464
FLOWERY BRANCH, CITY OF; establish corporate limits .............................HB 1122
FLOYD COUNTY Chief Vann Bypass; dedicate................................................................................HR 1732 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Probate Court; judge and chief magistrate; provide nonpartisan elections ..........HB 1233 Provide for nonpartisan elections ........................................................................... SB 533
FOOD STANDARDS, LABELING AND ADULTERATION Food adulteration; label certain food as fresh; prohibit..........................................HB 243 Food adulteration; label certain seafood as fresh; prohibit ....................................HB 241 Food sales and service establishments; revise definitions; exempt certain activities ...................................................................................................HB 681

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INDEX

6385

Food Standards; to require proper labeling of bottles containing sugar cane or sorghum syrup ............................................................................... SB 300
Food; manufacture of sale of food containers or products with bisphenol-A; prohibit...........................................................................................HB 431
FOOD, DRUGS AND COSMETICS Certain public assistance; random drug testing for recipients; require ..................HB 698 Cosmetic products; federal legislation to protect consumers; support...................HR 616 Crimes and offenses; drug-free church zones; establish ......................................HB 1189 Driving under the influence; clinical evaluation; modify provisions...................HB 1136 Food adulteration; label certain food as fresh; prohibit..........................................HB 243 Food adulteration; label certain seafood as fresh; prohibit ....................................HB 241 Food sales and service establishments; revise definitions; exempt certain activities ...................................................................................................HB 681 Food Standards; to require proper labeling of bottles containing sugar cane or sorghum syrup ............................................................................... SB 300 Food; manufacture of sale of food containers or products with bisphenol-A; prohibit...........................................................................................HB 431 General Assembly; mandatory drug testing for members; require ........................HB 677 Georgia Food Freedom Act; enact............................................................................HB 12 Georgia State Board of Pharmacy; administratively attached to Department of Community Health; provide..................................................HB 1130 Human Services, Department of; implement public assistance drug testing program; require ..............................................................................HB 699 Levy/Sale of Property; change the amount of certain exemptions......................... SB 117 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Pharmacist and Pharmacies; change definition of security paper; State Board of Pharmacy; revisions..................................................................... SB 380 Pharmacists and pharmacies; definitions of certain opioid drugs; provide............HB 952 Pharmacists and pharmacies; prescription biologic product and biosimilar product; define ...........................................................................HB 1124 Pharmacists and pharmacies; revise definition of security paper.........................HB 1069 Pharmacists and pharmacies; use remote order entry for hospital pharmacies under certain conditions; authorize ..................................................HB 878 Pharmacists; hard copy prescriptions on security paper; define; require ...............HB 469 Physician assistants; prescribe Schedule II controlled substances; physicians authorize...........................................................................................HB 1303 Physicians; administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements; authorize..........................................HB 1149 Physicians; authorize the administration of vaccines by pharmacists/nurses; vaccine protocol agreements with physicians..................... SB 288

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INDEX

Prescription drugs; pharmacist include prescription drug retail price on receipt; provide ......................................................................................HB 361
Prescription drugs; reference product license holder shall have immunity from liability from claims for loss from use of biosimilar biological products; provide ..............................................................................HB 1068
Public assistance; random drug testing of recipients; require ................................HB 464 Restoration of licenses; certified driver improvement programs
for purposes of completing certain probation requirements; require ................HB 1137 Restoration of licenses; certified DUI Alcohol or Drug Use
Risk Reduction Programs; modify provisions...................................................HB 1133 Restoration of licenses; certified DUI Alcohol or Drug Use
Risk Reduction Programs; modify provisions...................................................HB 1135 Revenue and tax; prepaid state and local consumables; change
multiple provisions ..............................................................................................HB 178 Sales and use tax exemption; food and beverages; provide partial
suspension............................................................................................................HB 287 Sales and use tax; food and food ingredients; change exemption ..........................HB 103 Sales and use tax; food and food ingredients; change exemption - CA ...................HR 81 Social Responsibility and Accountability Act; enact .............................................HB 861 State Board of Pharmacy; prescription drugs by mail/other common
carriers; provisions............................................................................................... SB 346 The Pharmacy Audit Bill of Rights; recoupment pursuant to
an audit under certain circumstances; limit .........................................................HB 964 The Pharmacy Audit Bill of Rights; recoupment pursuant to
an audit under certain circumstances; limit .......................................................HB 1125 Unemployment compensation benefits; random drug testing
to continue benefits; require ................................................................................HB 697
FORECLOSURE Property; mortgage holder must file deeds under power after foreclosure sale; amend time .............................................................................HB 1042 Property; showing of fair market value to obtain judgment on deed to secure debt or mortgage prior to foreclosure; provide..........................HB 1047 Real property; any document securing payment of money shall be deemed a mortgage; provide after 12-31-2012...............................................HB 781
FOREST PARK, CITY OF Number of councilmember votes for calling a special meeting; change..............HB 1306 Remove certain officials from office; change procedure .......................................HB 530
FORGERY AND FRAUDULENT PRACTICES Child abuse; mandatory reporting; expand.............................................................HB 529

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6387

Commerce/Trade; define unlawful lotteries with regard to promotions; revise definition ................................................................................................... SB 431
Deposit account fraud; victim authorized to recover costs; clarify........................HB 488 Human Services, Department of; examine income tax records
held by Department of Revenue; allow ...............................................................HB 966
FRANKLIN COUNTY Board of commissioners; change description of districts.....................................HB 1016 Board of Education; change description of districts.............................................HB 1017 Board of elections; stagger terms of members .....................................................HB 1245 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
FUEL (See Gas, Gasoline and Gas Services)
FULTON COUNTY Board of Education; change description of districts...............................................HB 877 Board of Education; pensions and retirement; correct typographical errors..........HB 398 Powers and duties of Board of Commissioners chairperson; provide....................HB 550 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873 State highway system; dedicate certain portions..................................................HR 1177 Trooper Chadwick T. LeCroy Memorial Bridge; Cobb/Fulton Counties; dedicate..............................................................................................HR 1351
FUNERAL DIRECTORS AND EMBALMERS "Disposition of Veterans' Cremated Remains Act"; provide for a determination; deceased veteran; certain notifications ............................... SB 372 Funeral directors and cemeterians; allow electronic signatures for funeral services and related preneed contracts; modify provisions .................................HB 953

G
GAINESVILLE, CITY OF Board of education; revise districts ........................................................................HB 980 Provide new charter ..............................................................................................HB 1227
GAMBLING Gambling Addiction Trust Fund; create - CA ........................................................HR 808 Horse racing; pari-mutuel wagering; provide - CA................................................HR 186 House Study Committee on the Horse Racing Industry; create ...........................HR 1977

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6388

INDEX

State government; pari-mutuel wagering on horse racing; provide .......................HB 467 State government; pari-mutuel wagering on horse racing; provide .....................HB 1305
GAME AND FISH Animals; importation of white-tailed deer from other states to this state for breeding purposes; provide regulation......................................HB 1043 Bait shrimp dealers; shrimp transported; increase limit to 200 quarts ...................HB 937 Firearms and weapons; carrying, possession and disposition; change provisions ................................................................................................HB 981 Fish and Fishing; include certain tilapia species as domestic fish; prohibit the use/sale of tilapia as live bait ................................................... SB 360 Fish and Fishing; limit the number of commercial crabbing licenses issued...................................................................................................... SB 464 Game and Fish; create a one-day salt-water shore fishing license......................... SB 307 Georgia Constitutional Carry Act of 2012; enact...................................................HB 679 Hunting; authorize the use of silencers on hunting firearms under certain circumstances................................................................................. SB 301 Natural Resources, Department of; privacy of certain records and personal information; provide.......................................................................HB 875 Salt water fisheries management; extensively revise various provisions; Board of Natural Resources; rules and regulations; revise certain provisions.............................................................................................................HB 869 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 Taylor's Law; authorize issuance of special hunting privileges to persons with a terminal illness......................................................................... SB 309 Wildlife Control Permits; provisions...................................................................... SB 206
GARDEN CITY, CITY OF; ad valorem tax; municipal purposes; provide homestead exemption ...........................................................................HB 1248
GAS, GASOLINE AND GAS SERVICES Energy Independence and Rate Payer Protection Act; enact .................................HB 451 Natural Gas Competition and Deregulation Act; Public Service Commission shall adopt certain rules with respect to charges for natural gas used in structures where poultry are raised; provide .................HB 1174
GENERAL ASSEMBLY Adjournment; relative to.......................................................................................HR 1099 Adjournment; relative to.......................................................................................HR 1140 Adjournment; relative to.......................................................................................HR 1238 Adjournment; relative to.......................................................................................HR 1700 Adjournment; relative to.......................................................................................HR 1978

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INDEX

6389

Capitol Arts Standards Commission; Coretta Scott King portrait; urge placement.......................................................................................................HR 28
Charter schools; creation of alternate authorizers to approve establishment; authorize General Assembly - CA.............................................HR 1521
Citizens' Redistricting Commission; create..........................................................HB 1139 Constitutionality of law; citizens shall challenge; provide - CA................................HR 4 Education, Department of and Professional Standards Commission;
develop educator ethics course; direct .................................................................HR 461 Education, Department of; ten-year projection of costs for bills
to create a program or funding category having impact on revenues or expenditures; require......................................................................HB 1178 Fiscal bills; bill impacts school revenues; require....................................................HB 81 Fiscal bills; fiscal notes for bills expected to have substantial impact on anticipated revenue; remove requirement...........................................HB 914 Fiscal bills; Office of Planning and Budget; remove from fiscal note process..........................................................................................................HB 995 General appropriations; State Fiscal Year July 1, 2011 - June 30, 2012..................HB 84 General appropriations; State Fiscal Year July 1, 2011 - June 30, 2012..................HB 85 General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013................HB 721 General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013................HB 722 General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013................HB 742 General Assembly and Governor increase quality and affordability of pre-K programs; urge ......................................................................................HR 364 General Assembly Convened; notify Governor ..................................................... SR 642 General Assembly members; members of Georgia Legislative Retirement System; provisions ............................................................................HB 183 General Assembly; authorize state entities to enter into multiyear rental agreements; procedures, conditions, and limitations - CA.......................... SR 84 General Assembly; establish state-wide education policy; clarify authority - CA ....................................................................................................HR 1335 General Assembly; fiscal notes for bills changing compensation; change provisions ................................................................................................ SB 429 General Assembly; issuance of subpoenas; revise provisions ...............................HB 336 General Assembly; mandatory drug testing for members; require ........................HB 677 General Assembly; redistricting plans; include and exclude prisoner population; provide................................................................................HB 163 General Assembly; Senate not more than 38 Senators and House not more than 120 Representatives as of January 1, 2015; provide - CA ...............HR 1610 General Assembly; state-wide education policy; clarify authority - CA .............HR 1162 Georgia General Assembly 2011 Session; House Bill 87; repeal provisions.............................................................................................................HB 796

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6390

INDEX

Georgia Student Finance Commission; provide necessary data and information to assess whether HOPE scholarship is meeting desired results; urge ...........................................................................................HR 1564
Georgia Trauma Care Network Commission; report annually; House/Senate Committees on Health and Human Services; outcomes............... SB 489
Grant, Deon; commend and invite to House ........................................................HR 1588 House convened; notify Senate ............................................................................HR 1096 House Study Commission on Subsidiary Corporation Condemnation
for Electric Transmission Lines; create .............................................................HR 1543 Joint Early Learning Study Committee; create.....................................................HR 1519 Joint Higher Education Finance Study Committee; create.....................................HR 495 Joint Human Trafficking Study Commission; create ...........................................HR 1151 Joint session; message from Chief Justice of the Supreme Court ........................HR 1098 Joint session; message from Governor .................................................................HR 1097 Joint Study Committee on Renewable Energy Industries in Georgia;
create ....................................................................................................................HR 598 Joint Study Committee on State-Local Government Mandate Review;
create ....................................................................................................................HR 496 Joint Teen Violence Study Committee; create ...........................................................HR 9 Laws; Congress ratify amendment relating to adoption and challenge;
urge ........................................................................................................................HR 23 Life, Liberty, and Property Restoration Act; enact ....................................................HB 4 Lobbyists; reporting expenditures for elected state officials;
not subject; provisions ...........................................................................................HB 88 Professional Standards Commission; establish certification
renewal rules; direct.............................................................................................HR 492 Regional transportation projects; create special transportation
districts for funding - CA...................................................................................HR 1350 Retirement bills; define a certain term ...................................................................HB 293 Revenue and taxation; revenue structure; comprehensive revision .......................HB 385 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Revenue and taxation; revenue structure; comprehensive revision .......................HB 387 Revenue and taxation; revenue structure; comprehensive revision .......................HB 388 Rosa Parks and others; portrait placements in state capitol; urge ............................HR 57 Senate Convened; notify House of Representatives............................................... SR 643 State budget; rate of growth; limit - CA ...................................................................HR 20 State financing and investment; general obligation debt may
only be used for purposes authorized by General Assembly; provide ................HB 951 State house districts; boundaries of certain districts; revise...................................HB 829 State Personnel Administration; abolish; transfer certain functions
to Department of Administrative Services ..........................................................HB 642 State properties code; disposition of state property; revise certain
provisions.............................................................................................................HB 968

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6391

State Senate Districts; revise certain boundaries.................................................... SB 430 State; no private property shall be alienated to any other state; exercise of
state sovereignty/jurisdiction without consent of General Assembly ................... SB 62 Supplemental appropriations; State Fiscal Year 2010 - 2011 ..................................HB 82 Supplemental appropriations; State Fiscal Year 2010 - 2011 ..................................HB 83 Supplemental appropriations; State Fiscal Year 2011-2012 ..................................HB 719 Supplemental appropriations; State Fiscal Year 2011-2012 ..................................HB 720 Supplemental appropriations; State Fiscal Year July 1, 2011 -
June 30, 2012 ......................................................................................................HB 741 Taxation; actuarial investigation and legislative procedures
for review and perfection of all bills proposing tax exemptions; provide.........HB 1062 United States Congress; making renewed application to call for a
convention; proposing an amendment to the Constitution of the United States .................................................................................................................... SR 673 University System of Georgia; appropriations paid in lump sum; repeal provision - CA .........................................................................................................HR 8 Waste management; nonlapsing trust fund; create provisions - CA ......................HR 112 Zero-Base Budgeting; application to the budget process; analysis of departmental/program objectives ...................................................................... SB 33
GENERAL PROVISIONS, OCGA Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Holidays and observances; Kindness Week; provide.............................................HB 988 Holidays; Patriots Day the nineteenth of April each year; designate.....................HB 126 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642
GEORGIA ATHLETIC AND ENTERTAINMENT COMMISSION Income tax payments and withholding; tax compensation to entertainers and athletes; provide ........................................................................HB 532
GEORGIA AVIATION AUTHORITY Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission ......................................................................................................... SB 339
GEORGIA BUREAU OF INVESTIGATION (GBI) 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions..........................................................................HB 1176 DNA analysis; transfer provisions; expand types of samples collected; provisions.............................................................................................................HB 299

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6392

INDEX

Georgia Crime Information Center; certain criminal records restricted from public disclosure; provide ...........................................................HB 478
Georgia Crime Information Center; criminal records; change provisions .............HB 402 Georgia Crime Information Center; disclosure of records to
private persons; change provisions......................................................................HB 565 Georgia Crime Information Center; inspection or modifying
criminal records; change provisions ....................................................................HB 663 Health care facilities; regulation and licensing of assisted living
communities; provide ..........................................................................................HB 405 Health; strengthen provisions relating to protection of elder
adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions .............................................................HB 1110 Probation/Parole Community Based Supervision, Department of; create; change provisions ................................................................................................HB 620 Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods ............................HB 895
GEORGIA REGIONAL TRANSPORTATION AUTHORITY Georgia Regional Transportation Authority; amend provisions; establish Transit Governance Council ...............................................................HB 1199
GEORGIA TECHNOLOGY AUTHORITY Secondary metals recyclers; comprehensive regulation of theft of regulated metal property; provide ...................................................................HB 888
GEORGIA WORLD CONGRESS CENTER Georgia World Congress Center Authority; use free market principles with any contracts or rights for a new Atlanta Falcons stadium; urge ..............HR 1871
GILMER COUNTY Board of Education; change description of districts...............................................HB 803 C. Lloyd Smith Memorial Parkway; Ellijay, Georgia; dedicate ............................HR 506
GLASCOCK COUNTY Board of Education; revise districts......................................................................HB 1040 Probate Court; provide elections; office of judge................................................... SB 413
GLENNVILLE, CITY OF; change corporate limits ............................................HB 1243
GLYNN COUNTY Board of Commissioners; reapportion districts ......................................................HB 758 Board of Education; provide description of districts..............................................HB 759

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6393

Brunswick-Glynn County Joint Water and Sewer Commission; immunity for commission and its officers, agents and employees; provide ......................HB 1271
Willou Copeland Smith Highway; dedicate ...........................................................HR 617
GORDON COUNTY Officer Kathy Cox Memorial Highway; dedicate ..................................................HR 546 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873
GOVERNOR Agriculture Commissioner; authorized to require persons incurring civil penalties to obtain a surety bond ................................................................. SB 367 Budget Act; zero-base budgeting; provide ...............................................................HB 33 Budget reports; tax expenditure review; require certain items...............................HB 920 Budgetary and financial affairs; automatic fee adjustment in certain cases; provide...........................................................................................HB 811 Firearms and weapons; carrying, possession and disposition; change provisions ................................................................................................HB 981 General Assembly and Governor increase quality and affordability of pre-K programs; urge ......................................................................................HR 364 General Assembly Convened; notify Governor ..................................................... SR 642 Georgia Film Commission; base in Savannah-Chatham; urge Governor ............HR 1165 Georgia Government Accountability Act; enact ....................................................HB 456 Georgia Government Accountability Act; establish; create Legislative Sunset Advisory Committee; authorize to review/evaluate state agencies', productivity, efficiency, and responsiveness ...................................... SB 223 Joint session; message from Governor .................................................................HR 1097 State Agencies; require reporting of federal funds received; provisions ...............HB 669 State Board of Education; Governor's authority upon a recommendation; revise provisions ..................................................................................................HB 859 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions ........................................... SB 362 Zero-Base Budgeting; application to the budget process; analysis of departmental/program objectives ...................................................................... SB 33
GOVERNORS EMPLOYMENT AND TRAINING COUNCIL Georgia Workforce Investment Board; revise provisions ......................................HB 897
GRADY COUNTY Board of commissioners; change description of districts.......................................HB 847 Board of education; change description of districts .............................................HB 1018

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6394

INDEX

GRANTS HOPE grants; lower grade point average for maintaining eligibility; provide .................................................................................................................HB 837 HOPE scholarships and grants; purposes of eligibility; add maximum annual household income requirement.............................................HB 1156 HOPE scholarships and grants; scholarship for attending out-of-state institutions; provide ...........................................................................................HB 1237 HOPE scholarships and grants; Zell Miller Scholars at eligible public postsecondary institutions; limit number................................................HB 1155 HOPE scholarships and grants; Zell Miller Scholar; revise definition ................HB 1147 HOPE scholarships and grants; Zell Miller Scholar; revise definition ................HB 1157 Quality Basic Education Act; calculating equalization grants; revise method.......................................................................................................HB 824
GRAY, CITY OF Herman E. Black Memorial Highway; dedicate ..................................................HR 1141 State highway system; dedicate certain portions..................................................HR 1177
GREENE COUNTY Board of education; change compensation for chairperson and members of board ..............................................................................................................HB 1031 John B. Box Memorial Bridge; dedicate ..............................................................HR 1730
GRIFFIN, CITY OF; Griffin-Spalding County Airport Authority Act; enact ...................................................................................................................HB 1261
GUARDIAN AND WARD Firefighter standards and training; provide automatic termination of firefighter convicted of felony; guardian and ward; provide matters relevant to guardians; emergency medical services personnel; change requirements ..........................................................................HB 247 Guardian and ward; criminal background checks for persons seeking to become a guardian; provide ...............................................................HB 850 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942
GWINNETT COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Recorder's Court; clerk's compensation; change provisions ................................HB 1142 Recorder's Court; impose and collect technology fee for each criminal fine imposed; authorize ...................................................HB 1260 Recorder's Court; provide for the appointment of the judges of such court........... SB 523

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6395

H
HABEAS CORPUS Death penalty; repeal in this state.........................................................................HB 1168 Fair and Orderly Administration of Capital Punishment Act; enact ......................HB 430
HABERSHAM COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 School district ad valorem tax; provide homestead exemption..............................HB 975 State Court; provide that January 1, 2015, judge and solicitor shall be full-time positions ..............................................................................................HB 1217
HALL COUNTY Board of commissioners; change description of districts.....................................HB 1242 Board of Education; change the description of the education districts .................. SB 397 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873
HANDICAPPED PERSONS Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 662 Disabled persons with service dog; schools, colleges, and universities; add provisions ........................................................................................................HB 52 Elderly and disabled adults; financial service employees guard against fraud; clarify immunity ...........................................................................HB 446 Georgia Vocational Rehabilitation Services Board; create ..................................HB 1146 Handicapped Persons; motorized wheelchair/scooter operated on public ways after dark shall be equipped with reflectors ............................... SB 238 Health care facilities; regulation and licensing of assisted living communities; provide ..........................................................................................HB 405 Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions .............................................................HB 1110 Hearing Aid Coverage for Children Act; enact ....................................................HB 1061 Human Services, Department of; include Division of Rehabilitation Services................................................................................................................HB 831 Insurance; discretionary clauses in disability contracts; prohibit use ....................HB 736 Mental Health; revise the definition of "developmental disability" ....................... SB 245
HARALSON COUNTY Board of Commissioners; change description of districts ....................................HB 1131 Board of education; change description of districts ...............................................HB 784

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6396

INDEX

Harold Shedd Highway; dedicate .........................................................................HR 1733 Office of treasurer; abolish ...................................................................................HB 1148
HARRIS COUNTY Board of Commissioners; change description of districts ......................................HB 771 Board of Education; change description of districts...............................................HB 770
HART COUNTY Board of Commissioners; change description of districts ......................................HB 976 Board of Education; change description of districts...............................................HB 977 Hart County Water and Sewer Authority; enact...................................................HB 1288
HAZARDOUS MATERIALS Solid waste management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grave period for buyers of property..............................................................................................HB 1102 Trust funds administration; hazardous, solid waste management; create - CA ...........................................................................................................HR 585
HEALTH Abortion; criminal abortion; change certain provisions.........................................HB 954 Adoption records; medical information open to certain persons; clarify .................HB 65 Adoption; issuance of copy of an original birth certificate to certain adult persons; provide..............................................................................HB 748 Brain and Spinal Cord Injury Study Committee; create.......................................HR 1737 Brain and Spinal Injury Trust Fund; additional penalty assessments for additional violations; authorize....................................................................HB 1247 Commission to Implement the Patient Protection and Affordable Care Act; enact.....................................................................................................HB 644 Community Health, Department of; collect data on chronic obstructive pulmonary disease; encourage ..........................................................HR 458 Crimes and offenses; prenatal murder unlawful; provide ..........................................HB 1 Early care and education programs; influenza vaccine; provide information...........................................................................................................HB 845 Education; athletic coaches; complete sports safety course prior to service; provide..............................................................................................HB 1045 Education; collect data pertaining to illegal and undocumented students; provide ..................................................................................................HB 296 Elementary and secondary education; care of students with diabetes in school; provide ..................................................................................HB 879 Elementary and secondary education; school health nurse programs; revise provisions ..................................................................................................HB 935

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6397

Firefighter standards and training; provide automatic termination of firefighter convicted of felony; guardian and ward; provide matters relevant to guardians; emergency medical services personnel; change requirements.........................................................................................................HB 247
Freedom from Compulsory Pandemic Act; enact ....................................................HB 11 Georgia Medical Assistance Fraud Prevention Program; enact ............................... SB 63 Georgia Pain Management Clinic Act; enact .........................................................HB 972 Georgia Smokefree Air Act of 2005; revise certain provisions ...........................HB 1229 Georgia State Board of Pharmacy; administratively attached
to Department of Community Health; provide..................................................HB 1130 Georgia Trauma Care Network Commission; report annually;
House/Senate Committees on Health and Human Services; outcomes............... SB 489 Health Care Compact; adopt................................................................................... SB 177 Health care facilities; regulation and licensing of assisted living
communities; provide ..........................................................................................HB 405 Health care facilities; surgical technologists requirements; provisions .................HB 263 Health clubs; automated external defibrillator on site; require ..............................HB 714 Health; designation of health information exchange; provisions ...........................HB 646 Health; repeal creation of the Health Strategies Council, Clinical
Laboratory, Blood Bank, and Tissue Bank Committee....................................... SB 407 Health; strengthen provisions relating to protection of elder
adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions .............................................................HB 1110 Healthcare Facilities; expand provisions; nationally recognized health care accreditation body ............................................................................. SB 361 Hemophilia Advisory Board Act; enact .................................................................HB 378 Hospitals and related institutions; minimum training requirements for personal care home employees; provide ......................................................HB 1161 House Durable Medical Equipment Study Committee; create...............................HR 549 House State Health Benefit Plan Study Committee; create....................................HR 757 House Study Committee on Adult Mental Health and Disability Facilities; create ...................................................................................................HR 252 House Study Committee on Alternative Living Services Reimbursement Rates; create.......................................................................................................HR 1722 House Study Committee on Defensive Medicine and Patient Compensation; create.........................................................................................HR 1873 Insurance; limitations on licensure requirements for certain health care providers; provide .............................................................................HB 785 Joint Study Commission on Education for Parents with Newborn Children; create..................................................................................................HB 1159 Labor and industrial relations; mandatory immunizations or vaccinations by employers under certain circumstances; prohibit ...................HB 1086 Lead poisoning prevention; certain federal regulations; provide ...........................HB 502

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6398

INDEX

Mattresses; use of previously used material; provide regulation ...........................HB 678 Motor vehicles; provide "drive-out tags" for trailers; special license plates
for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ..............................HB 732 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Pain-Capable Unborn Child Protection Act; enact...................................................HB 89 Patient Self-Referral; revise the definition of "rural area" ..................................... SB 470 Physicians; authorize the administration of vaccines by pharmacists/nurses; vaccine protocol agreements with physicians..................... SB 288 Preventable diseases; establish provider system for children vaccines; require ..................................................................................................................HB 655 Private home care providers; arrangements with independent contractors; revise definition ...............................................................................HB 479 Public Health, Department of; study pulse oximetry screening for newborns to detect congenital heart defects; require .....................................HB 745 Right to life; vested from moment of fertilization; provide - CA ........................HR 1072 Sales and use tax exemptions; certain nonprofit volunteer health clinics; extend ......................................................................................................HB 317 Sales and use tax exemptions; nonprofit health centers, clinics, and food banks; extend .......................................................................................................HB 319 Solid waste management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grave period for buyers of property..............................................................................................HB 1102 Special license plates; prostate cancer awareness and research; provide...............HB 917 State government; open meetings and records; revise provisions..........................HB 397 State Government; provide state immunity extend to certain health care providers; engaged in graduate medical programs in Georgia medical facilities ................................................................................ SB 506 State health planning and development; correctional long-term care facility; provide definition ...........................................................................HB 919 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 Student health; automated external defibrillators; require .....................................HB 408 Surgical or medical treatment; nourishment or hydration; provisions ...................HB 278 Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child.................................... SB 210 Volunteer Health Care Services Act; enact ............................................................HB 501 Water Conservation Act of 2011; enact .................................................................HB 153

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INDEX

6399

HEALTH CARE PLANS Dental services; single administrator for Medicaid and PeachCare; provisions.............................................................................................................HB 187 Discretionary Clause Prohibition Act; enact ..........................................................HB 121 House Study Committee on Alternative Living Services Reimbursement Rates; create.......................................................................................................HR 1722 Insurance; diagnosis and treatment of infertility; require health coverage ............HB 182 Insurance; individual health insurance coverage to children through child-only health plans; provide...........................................................HB 1166 Insurance; limitations on licensure requirements for certain health care providers; provide .............................................................................HB 785 Insurance; payment or reimbursement of oral chemotherapy; provide..................HB 506 Insurance; policy coverage for telemedicine services; require...............................HB 609 Medical Food Equity Act; enact.............................................................................HB 132 State employees' health insurance; no plan shall offer certain drug coverage for erectile dysfunction; provide................................................HB 1234
HEALTH INSURANCE Dental services; single administrator for Medicaid and PeachCare; provisions.............................................................................................................HB 187 Discretionary Clause Prohibition Act; enact ..........................................................HB 121 Georgia Public Service Commission; provide jurisdiction; provisions .................HB 688 Insurance; diagnosis and treatment of infertility; require health coverage ............HB 182 Insurance; individual health insurance coverage to children through child-only health plans; provide...........................................................HB 1166 Insurance; limitations on licensure requirements for certain health care providers; provide .............................................................................HB 785 Insurance; payment or reimbursement of oral chemotherapy; provide..................HB 506 Insurance; policy coverage for telemedicine services; require...............................HB 609 Local boards of education; health insurance benefits to certain former members; authorize..................................................................................HB 689 Medical Food Equity Act; enact.............................................................................HB 132 State employees' health insurance; no plan shall offer certain drug coverage for erectile dysfunction; provide................................................HB 1234
HEALTH PLANNING; CERTIFICATE OF NEED Health; repeal creation of the Health Strategies Council, Clinical Laboratory, Blood Bank, and Tissue Bank Committee....................................... SB 407 Healthcare Facilities; expand provisions; nationally recognized health care accreditation body ............................................................................. SB 361 State health planning and development; correctional long-term care facility; provide definition ...........................................................................HB 919

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6400

INDEX

HEARING AND HEARING AIDS (See Handicapped Persons)
HENRY COUNTY; appointment of county surveyor; provide...............................HB 823
HIGHWAYS, BRIDGES AND FERRIES Anne O. Mueller Bridge; Chatham County; dedicate ............................................HR 292 Bert Ward Memorial Bridge; Catoosa County; dedicate ....................................... SR 843 C. Lloyd Smith Memorial Parkway; Ellijay, Georgia; Gilmer County; dedicate ................................................................................................................HR 506 Charles "Chuck" Burris Memorial Bridge; City of Atlanta; dedicate ....................HR 719 Charles N. "Judy" Poag Memorial Highway; Murray County; dedicate .............HR 1734 Charles Thomas Edwards Memorial Bridge; Jasper and Butts Counties; dedicate ................................................................................................................HR 508 Chief Vann Bypass; Floyd County; dedicate .......................................................HR 1732 Clarence Williams, Senior, Overpass; Liberty County; dedicate.........................HR 1164 Claude A. Bray, Junior Bridge; Meriwether County; dedicate ..............................HR 490 Claude A. Bray, Junior Highway; City of Manchester, Georgia; dedicate ............HR 472 Coach Billy Henderson Interchange; Bibb County; dedicate.................................HR 460 Coach Billy Henderson Interchange; Macon County; dedicate ...............................HR 82 Coach Jim Cavan Memorial Parkway; Upson County; dedicate ...........................HR 584 Commercial vehicles; dimension and weight load requirements for emergency tows; provide exception...............................................................HB 793 Coretta Scott King Memorial Highway; Clayton County; dedicate.....................HR 1872 Deputy James D. Paugh Memorial Highway; Richmond County; dedicate ........HR 1103 Deputy James D. Paugh Memorial Interchange; Augusta-Richmond County; dedicate ................................................................................................HR 1673 Deputy James D. Paugh Memorial Interchange; Augusta-Richmond County; dedicate ................................................................................................HR 1674 Deputy Richard Daniels Memorial Bridge; Twiggs County; dedicate ................HR 1542 Explosive Ordnance Disposal Technician First Class Joseph Adam McSween Memorial Intersection; Lowndes County; dedicate...............HR 1352 Georgia Sports Hall of Fame Authority; educational tourist attractions throughout state; provisions ...............................................................HB 448 Harold Shedd Highway; Haralson County; dedicate............................................HR 1733 Herman E. Black Memorial Highway; City of Gray; dedicate ...........................HR 1141 Highway 98 by Ricky Fitzpatrick Highway; Commerce to Danielsville; dedicate ..............................................................................................................HR 1642 Hugh Carroll Butler Memorial Bridge; Chatham County; dedicate ......................HR 423 Hugh Carroll Butler Memorial Bridge; Chatham County; dedicate ....................HR 1825 Ida Ware Scott Memorial Road; City of Lincolnton; dedicate...............................HR 509 J. Dixon Hays Memorial Highway; Newton County; dedicate............................HR 1152 Jim Wetherington Interchange; Muscogee County; dedicate...............................HR 1826

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6401

Jimmie Hodge Timmons, Junior, Highway; Early/Calhoun counties; designate ............................................................................................................HR 1158
John B. Box Memorial Bridge; Greene County; dedicate....................................HR 1730 John Flournoy Interchange; Muscogee County; dedicate ....................................HR 1676 John S. Gibson Memorial Highway; Coffee County; dedicate ............................HR 1612 Kelso Horne Memorial Highway; Laurens County; dedicate ..............................HR 1808 Local government; define "public works construction"; energy savings
performance contracts; does not change/conflict with any existing authority ............................................................................................................... SB 113 Lou Chastain Memorial Bridge; Pickens County; dedicate ...................................HR 572 Louie Clark Highway; Madison County; dedicate ...............................................HR 1602 Mrs. Glenda and Doctor John Covington Highway; Paulding County; dedicate ..............................................................................................................HR 1827 Officer Kathy Cox Memorial Highway; Gordon County; dedicate .......................HR 546 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Patrolman Donald J. Mander Memorial Underpass; City of Macon; dedicate ..............................................................................................................HR 1439 Private First Class Don Manac Memorial Bridge; Clinch and Echols Counties; dedicate....................................................................................HR 573 Private Homer C. Sumner Memorial Road; Berrien County; dedicate ..................HR 718 Public transit authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...........HB 1051 Raymond Royal Marshall Memorial Intersection; City of Atlanta; dedicate ................................................................................................................HR 642 Rosa T. Beard Memorial Bridge; Augusta, Georgia; dedicate...............................HR 408 Ruth B. Crawford Highway; Richmond County; dedicate...................................HR 1643 Senior Airman Michael J. Buras Memorial Highway; Irwin County; dedicate ................................................................................................................HR 494 Sergeant Carlton "Dan" Jenkins Memorial Interchange; Camden County; designate ............................................................................................................HR 1142 Sergeant Harold Wiggins Memorial Bridge; Coffee County; dedicate..................HR 547 Sergeant Jerry Bagley Memorial Bridge; Ware County; dedicate .........................HR 457 Sergeant Major James E. Jones Memorial Bridge; Berrien County; dedicate ..............................................................................................................HR 1849 Sergeant Rodney Maxwell Davis Memorial Interchange; Bibb County; dedicate ................................................................................................................HR 253 State highway system; dedicate certain portions..................................................HR 1177 State Road and Tollway Authority; abolish .............................................................HB 18 Toll extensions; no tolls on projects free from interest on public indebtedness; provide ..........................................................................................HB 352 Tommie Irvin Memorial Intersection; Banks County; dedicate...........................HR 1465

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6402

INDEX

Transportation, Department of; mandatory appropriation of fuel tax funds carried from one fiscal year to next; provide................................HB 806
Transportation, Department of; power to contract; amend limitations ..................HB 817 Transportation, Department of; prioritize certain projects; urge............................HR 879 Trooper Chadwick T. LeCroy Memorial Bridge; Cobb/Fulton
Counties; dedicate..............................................................................................HR 1351 Veal - Solomon Highway; Washington County; dedicate .....................................HR 618 Vehicle permits; changes to requirements; allow multitrip permits.......................HB 487 Vehicles and loads; maximum weights; allow a variance......................................HB 301 Vehicles; commercial wreckers exceeding maximum weight for vehicles
on highway system when conducting emergency tow; provide annual permits .................................................................................................................HB 835 Willou Copeland Smith Highway; Glynn County; dedicate ..................................HR 617
HIRAM, CITY OF; create the position of city manager.......................................HB 1187
HISTORIC SITES AND PRESERVATION Historic preservation; allow for subdivision of historic property; provide ............HB 802
HOLIDAYS AND OBSERVANCES Holidays and observances; Kindness Week; provide.............................................HB 988 Holidays; Patriots Day the nineteenth of April each year; designate.....................HB 126 Veterans Day; public schools closed November 11 each year; provide ..................HB 79
HOMICIDE Homicide; offering to assist in commission of suicide; repeal certain provisions; prohibit assisted suicide ......................................................HB 1114 Justice, Department of; intervene in death of Trayvon Martin in Sanford, Florida; urge....................................................................................HR 2017
HOSPITALS AND OTHER HEALTH CARE FACILITIES Education; collect data pertaining to illegal and undocumented students; provide ..................................................................................................HB 296 Health care facilities; regulation and licensing of assisted living communities; provide ..........................................................................................HB 405 Health care facilities; surgical technologists requirements; provisions .................HB 263 Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions .............................................................HB 1110 Healthcare Facilities; expand provisions; nationally recognized health care accreditation body ............................................................................. SB 361 Hospitals and related institutions; minimum training requirements for personal care home employees; provide ......................................................HB 1161

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INDEX

6403

Pharmacists and pharmacies; use remote order entry for hospital pharmacies under certain conditions; authorize ..................................................HB 878
Private home care providers; arrangements with independent contractors; revise definition ...............................................................................HB 479
HOUSE OF REPRESENTATIVES 2011 Georgia United States Golf Association Women's Golf Team; commend and invite to House ................................................................HR 1544 4-H Clubs; Mr. Dowdy White; Mr. Arch D. Smith; commend and invite to House ............................................................................................HR 1133 Adjournment; relative to.......................................................................................HR 1099 Adjournment; relative to.......................................................................................HR 1140 Adjournment; relative to.......................................................................................HR 1238 Adjournment; relative to.......................................................................................HR 1700 Adjournment; relative to.......................................................................................HR 1978 Alaina, Lauren; American Idol; commend and invite to House...........................HR 1523 Alpha Phi Alpha Fraternity, Incorporated; commend and invite to House..........HR 1528 Andrews, Rear Admiral Annie B.; commend and invite to House ......................HR 1745 Ashley Lane Family; commend and invite to House ...........................................HR 1326 Atkinson, Curtis Lee; commend and invite to House...........................................HR 1678 Aviran, Opher; Consul General; commend and invite to House..........................HR 1442 Berry, Mr. John; commend and invite to House ....................................................HR 388 Bickers, Doctor Mitzi L.; commend and invite to House.....................................HR 1614 Bielecki, Brianne; commend and invite to House ................................................HR 1181 Bloodworth, Doctor Bill; commend and invite to House.....................................HR 1226 Boards of education; funding to retrofit school buses; pollution control; urge ....................................................................................................................HR 1093 Boards of education; implement renewable energy systems; urge ........................HR 692 Boston, Mr. Ralph Harold "Hawkeye"; commend and invite to House.................HR 429 Boylan, Major General Peter J.; commend and invite to House ..........................HR 1441 Boynton Bandits; commend and invite to House .................................................HR 1282 Brain and Spinal Cord Injury Study Committee; create.......................................HR 1737 Bray, Ashton Richard "Beebo"; honor life and invite family to House ...............HR 1324 Burke County High School Bears football team; commend and invite to House ............................................................................................HR 1139 Burns, Robbie; Lindsay Scott; commend and invite to House.............................HR 1138 Byeok, Mr. Song; commend and invite to House ................................................HR 1382 Calhoun High School football team; commend and invite to House ...................HR 1131 Callaway, Mr. Howard H. "Bo"; commend and invite to House .........................HR 1979 Camden County High School wrestling team; commend and invite to House ...................................................................................................HR 1379 Charles, Sheilia Raye; commend and invite to House .........................................HR 1567 Chattahoochee District; commend and invite to House .......................................HR 1525

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6404

INDEX

Citizens' Redistricting Commission; create..........................................................HB 1139 Coes, Alvie, III; commend and invite to House ...................................................HR 1223 Columbus Day; February 7, 2012; mayor and others; commend
and invite to House ...........................................................................................HR 1281 Columbus Day; February 7, 2012; recognize and invite mayor
and others to House............................................................................................HR 1180 Community Affairs, Department of; adopt amendments to 2009
International Energy Conservation Code; urge .................................................HR 1948 Community Health Centers Day; February 9, 2012; commend
and invite leadership to House...........................................................................HR 1280 Community Health, Department of; collect data on chronic
obstructive pulmonary disease; encourage ..........................................................HR 458 Corporations in Georgia; deposit money in African American
financial institutions; urge ...................................................................................HR 407 Cosmetic products; federal legislation to protect consumers; support...................HR 616 Coweta-Fayette-South Fulton County Forestry Unit; commend
and invite to House ............................................................................................HR 1527 Daly, Deputy Sheriff Richard Joseph; condolences; invite family
to House .............................................................................................................HR 1829 Decatur County Forestry Unit; commend and invite to House ............................HR 1526 Defense of Marriage Act; United States Congress defend challenges
to constitutionality; urge ......................................................................................HR 471 District attorneys; invest in public safety and prevention, not
death penalty; urge...............................................................................................HR 250 Dodson, Mr. Henry David, Junior; commend and invite to House......................HR 1743 Forest Park Teen Council; commend and invite to House ...................................HR 1615 Frank N. Osborne Middle School; commend and invite principal
to House .............................................................................................................HR 1168 Franklin, Doctor Robert Michael; commend and invite to House .......................HR 1327 Future Farmers of America; commend and invite to House ................................HR 1241 Gatewood School girls basketball team; commend and invite to House .............HR 1746 General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013................HB 721 General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013................HB 722 General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013................HB 742 General Assembly and Governor increase quality and affordability
of pre-K programs; urge ......................................................................................HR 364 General Assembly; Senate not more than 38 Senators and House not
more than 120 Representatives as of January 1, 2015; provide - CA ...............HR 1610 Genocide Prevention and Awareness Month; commend and
invite coalition to House ....................................................................................HR 1570 Genocide Prevention/Awareness Month; recognize and invite
coalition to House ..............................................................................................HR 1830

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INDEX

6405

Georgia Farm Bureau Federation Day; February 14, 2012; commend and invite members to House ............................................................................HR 1144
Georgia House of Representatives; begin conversation to look at policy that will empower undocumented students access to higher education; urge ...................................................................................................................HR 2089
Georgia Music Day; January 24, 2012; commend and invite musicians to House ............................................................................................HR 1143
"Georgia On My Mind"; 33rd anniversary; recognize and invite daughter to House ..............................................................................................HR 1566
Georgia Peach Festival; commend and invite Peach Queens to House ...............HR 1278 Georgia Second Chance Reintegration Initiative; bipartisan
change; recognize ................................................................................................HR 498 Georgia State University; commend and invite representatives to House ...........HR 1224 Georgia State University's Legislative Health Policy Certificate
Program; invite instructors to House .................................................................HR 1240 Georgia Supreme Court Chief Justice Carol W. Hunstein; Georgia
is republic, not democracy; inform......................................................................HR 340 Georgia Trauma Care Network Commission; report annually;
House/Senate Committees on Health and Human Services; outcomes............... SB 489 Georgia World Congress Center Authority; use free market principles
with any contracts or rights for a new Atlanta Falcons stadium; urge ..............HR 1871 Gilmer High School wrestling team; commend and invite to House...................HR 1735 Grant, Deon; commend and invite to House ........................................................HR 1588 Gray Elementary School; Dole Food Company; commend and
invite representatives to House..........................................................................HR 1739 Groves High School; Dole Food Company; commend and invite
representatives to House ....................................................................................HR 1740 Harris Neck Land Trust; pursue return of land from federal
government to McIntosh County; recognize .......................................................HR 610 Heaberlin, Doctor Bob; commend and invite to House .......................................HR 1565 Health care professionals; cultural competency training; urge ..............................HR 758 Heard Mixon Elementary School; Dole Food Company; commend
and invite representatives to House ...................................................................HR 1741 Hecht, William H. "Bill"; commend and invite to House ....................................HR 2016 Heritage High School girls cross country team; commend and
invite to House ...................................................................................................HR 1336 Hope, Shane; commend and invite to House........................................................HR 1590 Hopper, Mark; commend and invite to House .....................................................HR 1591 House Comprehensive Motor Vehicle and Traffic Reform Study
Committee; create ..............................................................................................HR 1731 House convened; notify Senate ............................................................................HR 1096 House Durable Medical Equipment Study Committee; create...............................HR 549 House Family Economic Security Study Committee; create .................................HR 640

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6406

INDEX

House Hydropower Study Committee; create ........................................................HR 694 House Public Utility Unit Closure, Contracts, and Rates Study
Committee; create ..............................................................................................HR 2015 House State Health Benefit Plan Study Committee; create....................................HR 757 House Study Commission on Subsidiary Corporation Condemnation
for Electric Transmission Lines; create .............................................................HR 1543 House Study Committee on Adult Mental Health and Disability
Facilities; create ...................................................................................................HR 252 House Study Committee on Alternative Living Services Reimbursement
Rates; create.......................................................................................................HR 1722 House Study Committee on Compensation for the Convicted Innocent;
create ..................................................................................................................HR 1675 House Study Committee on Defensive Medicine and Patient
Compensation; create.........................................................................................HR 1873 House Study Committee on Driver Education and DUI Risk
Reduction Programs; create ...............................................................................HR 2051 House Study Committee on Expulsion School Creation; create ..........................HR 1277 House Study Committee on Open Loop Geothermal Heating
and Cooling Systems; create................................................................................HR 880 House Study Committee on Procurement Policies of Georgia
Departments and Agencies Regarding Businesses Owned by Minorities and Women; create.............................................................................HR 384 House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; create.............................................................................HR 426 House Study Committee on Renewable and Sustainable Energy in Georgia; create.................................................................................................HR 520 House Study Committee on Subsidiary Corporation Condemnation for Electric Transmission Lines; create .............................................................HR 1644 House Study Committee on Tenth Amendment Enforcement; create ...................HR 153 House Study Committee on the Horse Racing Industry; create ...........................HR 1977 House Study Committee on the National Popular Vote Initiative; create..............HR 792 House Study Committee on the Use and Development of Nuclear Plants in Georgia; create ......................................................................................HR 691 House Variable Sales Tax Study Committee; create............................................HR 1738 Hudson, Doctor Charles D.; condolences; invite family to House.......................HR 1545 Hungary Day; February 18, 2012; recognize and invite ambassador to House .............................................................................................................HR 1279 Jackson, Edwin; commend and invite to House ...................................................HR 1222 Jarrell, Mr. Lannie Southwell, III; Stacye Jarrell; commend and invite to House ............................................................................................HR 1810 Justice, Department of; intervene in death of Trayvon Martin in Sanford, Florida; urge....................................................................................HR 2017

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INDEX

6407

Kate's Club Grief Awareness Day; March 1; commend and invite directors to House ....................................................................................HR 1569
Kim, General He-beom; South Korean Consulate; commend and invite to House ............................................................................................HR 1338
King, Mr. Raymond; president; Zoo Atlanta; commend and invite to House .....................................................................................................HR 523
Kingdom of Denmark; commend and invite representatives to House................HR 1466 Kustra, Thomas; Trooper First Class; commend and invite to House .................HR 1589 Lassiter High School swim and dive team; commend and invite to House ...........HR 552 Laws; Congress ratify amendment relating to adoption and challenge;
urge ........................................................................................................................HR 23 Lembeck, Doctor Emily; commend and invite to House .....................................HR 1167 Lower Muskogee Creek Indian Tribe of Georgia; federal recognition;
support .................................................................................................................HR 739 Macon Day; February 29, 2012; recognize and invite public
officials to House ...............................................................................................HR 1467 McClain, Mr. Dewey Loren; commend and invite to House ...............................HR 1744 McEachern High School girls basketball team; commend and
invite to House ...................................................................................................HR 1875 Miller, CeVontae Marque; commend and invite to House...................................HR 1179 Milton High School boys basketball team; commend and invite to House .........HR 1848 Morrill Act; recognize and invite UGA president to House.................................HR 1747 Mosher, Deana Lynn; retirement; congratulate and invite to House....................HR 1850 Munson, Larry; recognize life; invite family to House ........................................HR 1104 National Guard Day; February 22, 2012; recognize and invite to House ............HR 1522 Newton, Cameron Jerrell "Cam"; Heisman Trophy; commend
and invite to House ..............................................................................................HR 522 North Georgia College and State University; commend and
invite president to House ...................................................................................HR 1153 Ogeechee Technical College; commend and invite president to House ..............HR 1182 Omega Psi Phi Fraternity, Incorporated, Day; March 13, 2012;
commend and invite to House ...........................................................................HR 1742 Pearson, Monica; commend and invite to House .................................................HR 1604 Pollard, Eddie; commend and invite to House .....................................................HR 1546 President Obama and Congress; propose overtime initiative
be added to Fair Labor Standards Act; urge ......................................................HR 1645 Residential developers and builders; offer solar energy system install;
urge ......................................................................................................................HR 693 Richt, Mark; commend and invite to House.........................................................HR 1225 Richt, Mark; commend and invite to House.........................................................HR 1339 Savannah, City of; consider issuing bonds to support cruise
ship terminal; urge ...............................................................................................HR 550 Scott, Doctor Beverly A.; commend and invite to House ....................................HR 1679

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6408

INDEX

Sellers, Matthew; commend and invite to House .................................................HR 1105 Senate Convened; notify House of Representatives............................................... SR 643 Sherrod, Mrs. Shirley; commend and invite to House ...........................................HR 259 Sherwood Baptist Church; commend and invite to House...................................HR 1323 Silveri, Shekema; commend and invite to House.................................................HR 1178 Sizemore, Robert Clayton; condolences; invite family to House.........................HR 1381 Southwest Airlines; commend and invite David Ridley to House .......................HR 1166 Spillers, Gary; commend and invite to House......................................................HR 1380 Stalvey, Corporal John R.; condolences; invite family to House.........................HR 1443 State government; support nuclear and renewable energy; urge............................HR 510 State house districts; boundaries of certain districts; revise...................................HB 829 State of Georgia; pursue desalination technology; urge.......................................HR 1677 State YMCA of Georgia's Youth Assembly; commend and
invite participants to House ...............................................................................HR 1828 State-funded higher-learning institutions; establish recycling
and waste management; urge.............................................................................HR 1874 Strength, Sheriff Ronald; commend and invite to House.....................................HR 1876 Supplemental appropriations; State Fiscal Year 2011-2012 ..................................HB 719 Supplemental appropriations; State Fiscal Year 2011-2012 ..................................HB 720 Supplemental appropriations; State Fiscal Year July 1, 2011 -
June 30, 2012 .......................................................................................................HB 741 Sweet Shoppe; owners Nikki Gribble and Susan Catron; commend
and invite to House ............................................................................................HR 1641 Taylor, Doctor John C.; commend and invite to House .......................................HR 1568 Transportation, Department of; prioritize certain projects; urge............................HR 879 Turkish American Day; February 21, 2012; recognize and invite
representatives to House ....................................................................................HR 1468 United Nations; Agenda 21; recognize the destructive and insidious
nature .................................................................................................................HR 1603 United State Congress; enact FairTax and ratify the repeal of
the 16th Amendment; urge ................................................................................HR 1809 United States Congress; expand eligibility and reduce over
regulation of H-2A guest worker program; urge ...............................................HR 1672 United States Congress; expand eligibility requirements of H-2A guest
worker program; urge ........................................................................................HR 1562 United States Congress; propose Parental Rights Amendment; urge ....................HR 738 United States Department of Labor; recall proposed policies; urge.....................HR 1561 Vest, Austin Edward; commend and invite to House...........................................HR 1337 Veterinary Medicine Day; February 2, 2012; recognize and
invite vets to House............................................................................................HR 1132 Walton, Karen Green; commend ..........................................................................HR 1368 Wesleyan College; commend and invite President Ruth Knox to House ............HR 1524 Winder-Barrow Cheer Doggs; commend and invite to House.............................HR 1440

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INDEX

6409

Women Entrepreneurs Day; March 15, 2011; Felicia Joy; commend and invite to House ..............................................................................................HR 409
Young, Mr. Gilbert; Doctor Amelia Platts Boynton; commend and invite to House ..............................................................................................HR 599
Youth Leadership Athens class; Athens Clarke County; commend and invite to House ..............................................................................................HR 644
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Board of Education; change description of districts...............................................HB 941 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873
HUMAN RESOURCES, DEPARTMENT OF Foster Children's Psychotropic Medication Monitoring Act; enact .........................HB 23 Georgia Medical Assistance Fraud Prevention Program; enact ............................... SB 63 Health care facilities; regulation and licensing of assisted living communities; provide ..........................................................................................HB 405 Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions .............................................................HB 1110 Human Services, Department of; examine income tax records held by Department of Revenue; allow ...............................................................HB 966 Solid waste management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grave period for buyers of property ...................................................................HB 1102 Water Conservation Act of 2011; enact .................................................................HB 153
HUMAN SERVICES, DEPARTMENT OF Day care centers; employees and directors; require satisfactory child protective services report..........................................................................HB 1220 Human Services, Department of; drug test administered to applicants for temporary assistance; create...........................................................................HB 668 Human Services, Department of; implement public assistance drug testing program; require ..............................................................................HB 699 Human Services, Department of; include Division of Rehabilitation Services................................................................................................................HB 831 Social Responsibility and Accountability Act; enact .............................................HB 861
HUNTING (See Game and Fish)

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6410

INDEX

I
INCOME TAX Commissioner of Revenue; disclose whether person filed state tax return; authorize .............................................................................................HB 647 Food Standards; to require proper labeling of bottles containing sugar cane or sorghum syrup ............................................................................... SB 300 Income tax credit; certain commercial geothermal heat pumps; include ...............HB 818 Income tax credit; certain contributions to public schools; provide.....................HB 1073 Income tax credit; certain trucks and taxis fueled by natural gas; provide ............HB 890 Income tax credit; certain volunteer firefighters; provide ......................................HB 873 Income tax credit; clean energy property; revise and change ................................HB 146 Income tax credit; energy costs for certain families; provide ................................HB 834 Income tax credit; transfer, devise, and distribute unused conservation credits; provide ....................................................................................................HB 222 Income tax credits; business enterprises located in less developed areas designated by tiers; provide........................................................................HB 868 Income tax credits; low-emission vehicles; change definition...............................HB 404 Income tax credits; qualified businesses and limitations; revise provisions ..........HB 403 Income tax payment; de minimis overpayments and insufficiencies; provisions.............................................................................................................HB 133 Income tax payments and withholding; tax compensation to entertainers and athletes; provide ........................................................................HB 532 Income tax returns; contributions to Georgia's Pre-K Program; authorize ............HB 406 Income tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes; change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations ..........................................................................................................HB 965 Income tax; certain volunteer firefighters; provide tax credit ..................................HB 61 Income tax; change certain definitions...................................................................HB 120 Income tax; change certain definitions...................................................................HB 139 Income tax; citizenship expenses for low-income families; provide credit ...........HB 578 Income tax; federal reserve banks in Georgia not exempt; provide.........................HB 19 Income tax; film, video, or digital productions; revise credit ................................HB 392 Income tax; individual standard deductions; revise provisions..............................HB 354 Income tax; job tax credit; change certain definitions; tax credit for film or video production in Georgia; change certain provisions .................HB 1027 Income tax; levy or collection; prohibit ...................................................................HB 13 Income tax; qualified reforestation expenses; provide credit.................................HB 621 Income tax; taxable nonresident; change definition ...............................................HB 531 Income tax; withholding tax on taxable income of nonresident members of certain associations; change certain provisions ...............................HB 967

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INDEX

6411

Joint authorities; modify job tax credit received; revise investment tax credits.............................................................................................................HB 384
Levy/Sale of Property; change the amount of certain exemptions......................... SB 117 Protecting Public School Funds Act; enact ............................................................HB 312 Qualified education tax credit; subject to offset; broaden types
of tax liability.......................................................................................................HB 862 Revenue and taxation; census tract having at least 45% poverty
rate deemed eligible for tier one county tax treatment; provide..........................HB 747 Revenue and taxation; income tax; change certain definitions ............................HB 1032 Revenue and taxation; income tax; change certain definitions ............................HB 1033 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Setoff debt collection; debts owed to public housing authorities; authorize..........HB 450 "State Properties Code" multiyear lease agreements; provide
for fiscal policies to be adopted by the General Assembly .................................. SB 37 Student scholarship organizations; education income tax credit;
revise provisions ..................................................................................................HB 369 Tax credit; research and development by business enterprise;
remove limitations ...............................................................................................HB 412 Tax credits for job creation; earned for prior year; provide ...................................HB 595 Tax credits for job creation; earned for prior year; provide ...................................HB 596 Taxation; exclusion to certain income of certain disabled veterans;
provide .................................................................................................................HB 808 Taxation; income received as retirement benefits from military
service not subject to state income tax; provide ................................................HB 1194
INDIAN AFFAIRS Lower Muskogee Creek Indian Tribe of Georgia; federal recognition; support .................................................................................................................HR 739
INDIGENT AND ELDERLY PATIENTS (Also, see Social Services) Elderly and disabled adults; financial service employees guard against fraud; clarify immunity ...........................................................................HB 446 Health care facilities; regulation and licensing of assisted living communities; provide ..........................................................................................HB 405 Georgia Public Defender Standards Council; pay attorney in event of conflict of interest in capital cases; change certain provisions............................HB 940 Legal services for indigents; certain fees to fund accused; change provisions.............................................................................................................HB 648 Legal services for indigents; dedicate existing fees; provide - CA ........................HR 977 State Government; provide state immunity extend to certain health care providers; engaged in graduate medical programs in Georgia medical facilities ................................................................................ SB 506 Volunteer Health Care Services Act; enact ............................................................HB 501

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6412

INDEX

INSURANCE Crimes and offenses; prenatal murder unlawful; provide ..........................................HB 1 Dental services; single administrator for Medicaid and PeachCare; provisions.............................................................................................................HB 187 Discretionary Clause Prohibition Act; enact ..........................................................HB 121 Employment security; change certain provisions relating to unemployment compensation; change certain provisions relating to the State-wide Reserve Ratio...........................................................................HB 347 Family violence; include inflicting unjustified injury to household animal; provide ....................................................................................................HB 493 Georgia Health Exchange Authority; establish ......................................................HB 476 Georgia Health Insurance Marketplace Authority; establish .................................HB 801 Georgia Life and Health Insurance Guaranty Association; provide comprehensive revision of the provisions ...........................................................HB 955 Georgia Life and Health Insurance Guaranty Association; provide comprehensive revision; consumers' insurance advocate; not necessary to file insurance rate filings until appropriately funded; provide ........................HB 786 Guaranteed asset protection waivers; retail seller's requirements to insure waiver obligations; provide exception..................................................HB 820 Hearing Aid Coverage for Children Act; enact ....................................................HB 1061 Insolvent insurers; claimants rights; correct certain language ...............................HB 640 Insurable interest; state entity; not fund life insurance on public officers or employees; provide ............................................................................HB 371 Insurance Commissioner; provide for confidentiality of certain records to extend to state, federal and international regulatory law enforcement................ SB 385 Insurance companies; relative to claimant's offers to settle tort claims involving liability insurance policies; provide procedure........................HB 960 Insurance, Department of; authorize to develop exchange standards regarding electronic prior authorization drug requests with health care providers....................................................................................................... SB 416 Insurance; authorize Insurance Commissioner to establish coalition of other states; alternative policy approval process for comprehensive major medical policies ......................................................................................... SB 471 Insurance; closing protection letters; provide for premiums; authorize Commissioner of Insurance to promulgate rules and regulations ....................... SB 331 Insurance; Commissioner shall have authority to impose penalties; licensed under Title 33; certain violations........................................................... SB 199 Insurance; consumer protections related to aftermarket emissions parts and aftermarket safety parts; provide........................................................HB 1173 Insurance; continuing care providers and facilities; extensively revise .................HB 380 Insurance; diagnosis and treatment of infertility; require health coverage ............HB 182 Insurance; discretionary clauses in disability contracts; prohibit use ....................HB 736

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INDEX

6413

Insurance; dispute or complaint involving material not in English, the English version shall control the resolution; provide ..........................................HB 986
Insurance; domestic farmers' mutual fire insurance companies; provisions .......... SB 203 Insurance; exemptions; unfair trade practices; wellness and
health improvement programs and incentives; life plans .................................... SB 337 Insurance; individual health insurance coverage to children
through child-only health plans; provide...........................................................HB 1166 Insurance; limitations on licensure requirements for certain
health care providers; provide .............................................................................HB 785 Insurance; payment or reimbursement of oral chemotherapy; provide..................HB 506 Insurance; policy coverage for telemedicine services; require...............................HB 609 Insurance; prepaid air ambulance service not a contract of insurance;
provide .................................................................................................................HB 486 Insurance; procedure relative to claimant's offers to settle tort
claims involving liability policies; provide .......................................................HB 1175 Insurance; provide a religious exception; requirement that every
health benefit policy provide coverage for contraceptives .................................. SB 460 Insurance; small business investment company credit; establish...........................HB 298 Insurance; state domestic farmers' mutual fire insurance companies;
update provisions .................................................................................................HB 931 Insurance; subscription for prepaid air ambulance not contract
of insurance; provide ...........................................................................................HB 365 Insurance; transition from annual to biennial license renewal; provide.................HB 477 Life insurance; group life insurance policy to approved groups;
allow issuance ......................................................................................................HB 513 Limited licenses; insurance coverage on self-service storage; provide..................HB 463 Medical Food Equity Act; enact.............................................................................HB 132 Official Code of Georgia; revise, modernize and correct errors
or omissions .........................................................................................................HB 942 Portable electronics insurance; issuance and regulation of limited
licenses to sell; provide revision of provisions; English version of material controls resolution of dispute; provide certain state contracting and bidding requirements .......................................................HB 1067 Revenue and taxation; revenue structure; comprehensive revision .......................HB 385 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Revenue and taxation; revenue structure; comprehensive revision .......................HB 387 Revenue and taxation; revenue structure; comprehensive revision .......................HB 388 Risk-based capital levels; trend test property and casualty companies; require ..................................................................................................................HB 370 State government; open meetings and records; revise provisions..........................HB 397 Vehicle service agreements; retail installment sellers exempted from reinsurance; provide requirements..............................................................HB 819

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6414

INDEX

INSURANCE, DEPARTMENT OF AND COMMISSIONER Insurance Commissioner; provide for confidentiality of certain records to extend to state, federal and international regulatory law enforcement................ SB 385 Insurance, Department of; authorize to develop exchange standards regarding electronic prior authorization drug requests with health care providers....................................................................................................... SB 416 Insurance; Commissioner shall have authority to impose penalties; licensed under Title 33; certain violations........................................................... SB 199 Insurance; domestic farmers' mutual fire insurance companies; provisions .......... SB 203
INTEREST AND USURY Excessive interest rates; motor vehicle title loan brokers; exclude from a five percent per month interest limit ........................................................HB 950 Interest and usury; legal and maximum rates of interest; change certain provisions.................................................................................................HB 281
IRWIN COUNTY Board of Commissioners; change description of districts ....................................HB 1000 Board of Education; change description of districts.............................................HB 1001 Senior Airman Michael J. Buras Memorial Highway; dedicate.............................HR 494

J
JACKSON COUNTY Board of commissioners; change description of districts.......................................HB 907 Conveyance of state owned property; authorize.....................................................HR 760 School System; change description of districts ....................................................HB 1013
JAILS (See Penal Institutions)
JASPER COUNTY Board of commissioners; provide staggered terms.................................................HB 752 Board of Education; change description of districts...............................................HB 753 Charles Thomas Edwards Memorial Bridge; Jasper and Butts Counties; dedicate ................................................................................................................HR 508 Probate Court judge; provide nonpartisan elections...............................................HB 751
JEFF DAVIS COUNTY Board of Commissioners; change description of districts ....................................HB 1254 Board of Education; change description of districts.............................................HB 1253 Nonbinding, advisory referendum by electors to ascertain if judge of Probate Court will also serve as chief magistrate judge; provide......................HB 1297
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6415

JEFFERSON COUNTY Board of Commissioners; change description of districts ....................................HB 1270 Board of Education; change description of districts.............................................HB 1273
JEFFERSON, CITY OF; Public schools; change description of education districts.................................................................................................................HB 909
JENKINS COUNTY Board of commissioners; revise districts..............................................................HB 1015 Board of education; revise districts ......................................................................HB 1057
JOHNSON COUNTY Board of commissioners; provide commissioner districts......................................HB 768 Board of education; describe new election districts ...............................................HB 767
JONES COUNTY Board of Commissioners; reapportion commissioner districts ..............................HB 710 Board of Education; change description of districts...............................................HB 708 Board of Education; provide that future elections for members shall be conducted on a nonpartisan basis ........................................................................ SB 268
JONESBORO, CITY OF; Cities of Marietta, Atlanta, and Jonesboro; recognize the Gone With the Wind Trail; urge .................................................HR 1239
JUDGES Firearms; retired judges; provide exemption............................................................HB 58 Judicial circuits; superior court judge for certain populations; repeal supplemental expense allowance ..............................................................HB 930 Judicial Qualifications Commission; remove discipline power; vested in General Assembly - CA ...........................................................................HR 6 Piedmont Judicial Circuit; superior court judgeship; create...................................HB 762
JUDICIAL CIRCUITS Judicial circuits; assistant district attorney for certain populations; repeal office ........................................................................................................HB 929 Piedmont Judicial Circuit; superior court judgeship; create...................................HB 762
JUDICIAL RETIREMENT SYSTEM (Also, see Retirement) Georgia Judicial Retirement System; creditable service for prior service; provide ...........................................................................................HB 344

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6416

INDEX

Georgia Judicial Retirement System; revised survivor's benefit option; provisions.............................................................................................................HB 250
Judicial Retirement System; certain judicial officers transfer funds; provide .................................................................................................................HB 533
JURIES (Also, see Courts) Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Juries; certain persons ineligible to serve as trial or grand jurors; clarify..............HB 763 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists .................... SB 191 State government; open meetings and records; revise provisions..........................HB 397
JUVENILE JUSTICE, DEPARTMENT OF Juvenile Justice Department; revise restrictions; possessions of contraband at juvenile detention centers ......................................................... SB 366 Probation/Parole Community Based Supervision, Department of; create; change provisions ................................................................................................HB 620
JUVENILE PROCEEDINGS Child abuse; state-wide reporting system; create ...................................................HB 633 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Courts; orders of delinquency for children who are victims of sexual abuse or sexual trafficking; provide for modification........................HB 1078 Crimes and offenses; prenatal murder unlawful; provide ..........................................HB 1 Georgia Crime Information Center; criminal records; change provisions .............HB 402 Georgia Crime Information Center; disclosure of records to private persons; change provisions......................................................................HB 565 Georgia Crime Information Center; inspection or modifying criminal records; change provisions ....................................................................HB 663 Juvenile arrest and detention; when interim control of children is permitted; change provisions ...........................................................................HB 471 Juvenile court; rehearing an order of associate juvenile court judge; delete provision.........................................................................................HB 272 Juvenile Justice Department; revise restrictions; possessions of contraband at juvenile detention centers ......................................................... SB 366 Runaway Youth Safety Act; enact..........................................................................HB 185 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities ................................................................................................................. SB 50 Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child.................................... SB 210

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6417

K
KENNESAW, CITY OF; change provisions relating to the corporate limits ..................................................................................................................HB 1244

L
LABOR AND INDUSTRIAL RELATIONS Employer's liability; railroad employee injuries; provide standards ......................HB 273 Employment Security Law; define certain terms; provisions ................................HB 891 Employment security; change certain provisions relating to unemployment compensation; change certain provisions relating to the State-wide Reserve Ratio...........................................................................HB 347 Employment Security; unemployment compensation; provisions; change the amount of taxable wages; determination of weekly benefit amount; provisions............................................................................................................. SB 447 Fire Protection and Safety; buildings; transfer certain functions; Department of Labor and Commissioner of Labor to the Office of Safety Fire Commissioner and Safety Fire Commissioner ............................. SB 446 Georgia Emergency Management Agency; licensing of nongovernmental rescue organizations, groups, teams, search and rescue dog teams; eliminate.............................................................................................................HB 1081 Georgia Vocational Rehabilitation Services Board; create ..................................HB 1146 Georgia Workforce Investment Board; revise provisions ......................................HB 897 Human Services, Department of; include Division of Rehabilitation Services................................................................................................................HB 831 Labor and industrial relations; employees use sick leave for immediate family care; allow ..............................................................................HB 432 Labor and industrial relations; mandatory immunizations or vaccinations by employers under certain circumstances; prohibit ...................HB 1086 Labor and industrial relations; unlawful for employer to discriminate because of credit history; provide........................................................................HB 780 Labor organizations; collective bargaining by public employees; prohibit ...........HB 416 Labor; provide provisions prohibiting mass picketing shall apply to certain private residences....................................................................... SB 469 Minimum wage law; comprehensive reform of provisions......................................HB 97 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Parent Protection Act; enact ...................................................................................HB 311 President Obama and Congress; propose overtime initiative be added to Fair Labor Standards Act; urge ......................................................HR 1645 Self-employment Assistance Program; enact .........................................................HB 255
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6418

INDEX

State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642
State-wide Reserve Ratio; extend suspension of adjustments; provide for increase in the overall rate ................................................................ SB 151
Unemployment compensation benefits; random drug testing to continue benefits; require ................................................................................HB 697
Unemployment insurance trust fund; law relating to amount and manner of fund collected; revise provisions ...............................................HB 1030
Workers' compensation; hearing loss; hearing level frequencies; revise provisions ..................................................................................................HB 637
Workers' compensation; parties to franchise agreement not considered employees; provide............................................................................HB 548
Workers' compensation; settlement agreements between parties; change certain provisions; change certain provisions relating to appointment of conservator for a minor or an incompetent claimant .............HB 971
LAMAR COUNTY Board of Commissioners; change description of districts ....................................HB 1145 Board of Education; change description of districts.............................................HB 1144
LAND (Also, see Property) Local government; define "public works construction"; energy savings performance contracts; does not change/conflict with any existing authority ............................................................................................................... SB 113 Timber; unauthorized cutting and carrying away; change provisions....................HB 135
LANDLORD AND TENANT Property; foreclosure; provide definitions; change multiple provisions ................HB 445
LANIER COUNTY Board of commissioners; revise districts................................................................HB 883 Board of Education; revise districts........................................................................HB 882
LAURENS COUNTY Board of Commissioners; change description of districts ......................................HB 783 Board of Education; change description of districts.............................................HB 1028 Kelso Horne Memorial Highway; Laurens County; dedicate ..............................HR 1808
LAVONIA, CITY OF Corporate limits; change and extend ....................................................................HB 1014 Levy an excise tax ................................................................................................HB 1191

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6419

LAW ENFORCEMENT OFFICERS AND AGENCIES 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions..........................................................................HB 1176 Alarm monitoring service companies; utilize alarm verification; provisions.............................................................................................................HB 687 Courts; juvenile proceedings; substantially revise provisions................................HB 641 DNA analysis; transfer provisions; expand types of samples collected; provisions ............................................................................................HB 299 Fire Protection/Safety; consolidate primary state fire protection/safety services within a single agency; establish Department of Fire Safety ................ SB 186 Georgia Aviation Authority; abolish; transfer to Department of Public Safety....................................................................................................HB 605 Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission ........................................................................... SB 339 Georgia Crime Information Center; certain criminal records restricted from public disclosure; provide ...........................................................HB 478 Georgia Crime Information Center; criminal records; change provisions .............HB 402 Georgia Crime Information Center; disclosure of records to private persons; change provisions......................................................................HB 565 Georgia Crime Information Center; inspection or modifying criminal records; change provisions ....................................................................HB 663 Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions .............................................................HB 1110 Mental health; extend peace officer requirements to crisis response team members; provisions ...................................................................................HB 258 Obstruction of Public Administration; establish the offense of unlawful pointing of a laser device at a law enforcement officer; penalties ...................... SB 441 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Peace officers; employment or certification; modify certain requirements ...........HB 327 Probation; prohibit first offender treatment for certain crimes involving law enforcement officers ..................................................................... SB 231 Public Safety, Department of; sell or trade surplus vehicles; allow.......................HB 253 Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods ............................HB 895 Social Responsibility and Accountability Act; enact .............................................HB 861 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ..................................................................................HB 827

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INDEX

LAWRENCEVILLE, CITY OF; change term of office for mayor .....................HB 1205
LAWS AND STATUTES Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Constitutionality of law; citizens shall challenge; provide - CA................................HR 4
LEGISLATIVE RETIREMENT SYSTEM (Also, see Retirement) General Assembly members; members of Georgia Legislative Retirement System; provisions ............................................................................HB 183
LIBERTY COUNTY Board of Commissioners; change description of districts ....................................HB 1007 Board of Education; change description of districts.............................................HB 1008 Clarence Williams, Senior, Overpass; dedicate....................................................HR 1164 Property Conveyance; grant nonexclusive easement to Bryan, Butts, and Liberty counties ................................................................................................... SR 765 State highway system; dedicate certain portions..................................................HR 1177
LICENSE PLATES AND REGISTRATION Disabled veterans; free license plates and revalidation decals; sixty percent disabled; allow ...............................................................................HB 695 Disabled veterans; free license plates and revalidation decals; total or partial disability; provide ........................................................................HB 696 License Plates; require a sworn statement by an applicant for a tag renewal ........................................................................................................ SB 138 License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal........................................................................ SB 293 License Plates; veterans awarded Purple Hearts; include persons still serving in the armed services........................................................................ SB 473 Motor vehicle registration records; persons to receive certificate of title; add authorized persons............................................................................HB 357 Motor vehicle registration; off-road recreation vehicles; provide..........................HB 224 Motor vehicle taxation; comprehensive revision ...................................................HB 259 Motor vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ..............................HB 732 Motor vehicles; temporary license plates; modify provisions................................HB 985 Motor vehicles; temporary plates or drive-out tags for trailers; provide................HB 884 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Special license plates; amateur radio operators; provide .......................................HB 127 Special license plates; certified firefighters exempt from paying annual renewal fee; provide.................................................................................HB 724

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6421

Special license plates; Operation Enduring Freedom and Operation Iraqi Freedom veterans; provide..........................................................................HB 128
Special license plates; Operations Iraqi and Enduring Freedom, Global War on Terrorism; add veterans ..........................................................................HB 468
Special license plates; prostate cancer awareness and research; provide...............HB 917 Special license plates; supporting nurses in Georgia and nursing
profession; provide ............................................................................................HB 1044 Special license plates; veterans and service members awarded
certain distinguished service metals of honor; provide .......................................HB 866 Vehicles; add certain persons to those authorized to receive
registration records; provide ................................................................................HB 858 Workers' compensation; parties to franchise agreement not
considered employees; provide............................................................................HB 548
LICENSES Alcoholic beverages; licenses; change certain provisions....................................HB 1066 Alcoholic beverages; number of retail dealer licenses a person may hold or have interest in; change ...................................................................HB 943 Fish and Fishing; limit the number of commercial crabbing licenses issued ................................................................................................................... SB 464 Game and Fish; create a one-day salt-water shore fishing license......................... SB 307 Nurses; provide for continuing competency requirements; renewal of licenses ............................................................................................................ SB 368 Portable electronics insurance; issuance and regulation of limited licenses to sell; provide revision of provisions; English version of material controls resolution of dispute; provide certain state contracting and bidding requirements .......................................................HB 1067 Public Officials; prohibit from granting themselves licenses by waiving certain requirements; penalties ......................................................... SB 147 Veterinarians; application for license; revise provisions........................................HB 409 Wildlife Control Permits; provisions...................................................................... SB 206
LIENS (See Mortgages, Liens, and Security)
LIMITED LIABILITY COMPANY ACT Corporations; name and address registration with Secretary of State; require ..................................................................................................................HB 399 Limited liability companies; low-profit companies; change certain provisions.................................................................................................HB 594
LINCOLN COUNTY Board of Commissioners; change description of districts ....................................HB 1179 Board of Education; change description of districts.............................................HB 1180

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INDEX

LINCOLNTON, CITY OF; Ida Ware Scott Memorial Road; dedicate .................HR 509
LOBBYING AND LOBBYISTS Ethics in government; definition of a lobbyist; change........................................HB 1140 Lobbyists; reporting expenditures for elected state officials; not subject; provisions ...........................................................................................HB 88
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Agriculture; farm to school program to promote sale of Georgia products to school districts; provide ....................................................................HB 843 Annexation disputes; compensation for arbitration panel members; revise...........HB 124 Annexation of territory; additional method for municipalities; provide ................HB 428 Annexation; deannexation; provide........................................................................HB 394 Annexation; unincorporated islands; repeal Article 6 ..........................................HB 1123 Bicycles; operation on sidewalks; authorize local governments..............................HB 71 Bonds; certain validation hearing appearance provisions; provide........................HB 844 Budget commission; certain counties; population and census application; revise and change...........................................................................HB 1024 Budget commission; counties having population of 300,000 or more according to census; repeal Act............................................................HB 1085 Business licenses; verification of lawful residence by applicants; modify requirements ...........................................................................................HB 810 Child Protection Act; enact.......................................................................................HB 10 Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Code enforcement boards; code enforcement officers; change definition ...............HB 93 Contracting and bidding; preference for local resident businesses for public works projects; authorize ....................................................................HB 558 Contracts and purchases by public schools; contractual and purchasing preferences for Georgia service providers; modify provisions ...........................HB 881 Counties; provide authority; operate vehicle for hire equipped to transport passengers in wheelchair throughout the state ................................. SB 373 Counties; redistrict themselves following decennial census; authorize .................HB 420 County functions; incorporated and unincorporated areas; limit - CA ..................HR 881 County governing authorities; sheriffs and certain offices; provide nonpartisan elections............................................................................................HB 682 County re-creation; provisions - CA ........................................................................HR 29 County re-creation; provisions - CA ........................................................................HR 30 County re-creation; provisions - CA ........................................................................HR 31 County re-creation; provisions - CA ........................................................................HR 32 County re-creation; provisions - CA ........................................................................HR 33 County re-creation; provisions - CA ........................................................................HR 34 County re-creation; provisions - CA ........................................................................HR 35

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6423

Development Authorities Law; include facilities owned by public or private entity; amend definition ...........................................................HB 475
Distilled spirits; election superintendent shall hold referendum upon receipt of resolution; provide......................................................................HB 849
Distilled spirits; vote to approve sale in a county or municipality; provide.............HB 96 Foreclosure sales; county list properties advertised in alphabetical
or numerical order; provide .................................................................................HB 209 Georgia Land Bank Act; governing creation/operation of land banks;
provisions............................................................................................................. SB 284 Georgia Procurement Registry; used for bids for public works contracts;
provisions.............................................................................................................HB 650 Georgia Tourism Development Act; Department of Community
Affairs; refund sales tax for tourism attractions; authorize ...............................HB 1050 Inmates; performing services for local governments; clarify provisions ...............HB 778 Integrity in Public Proceedings Act; enact .............................................................HB 556 Job Creation and Convention Services Area Act of 2011; enact ...........................HB 235 Joint authorities; modify job tax credit received; revise investment
tax credits.............................................................................................................HB 384 Joint Study Committee on State-Local Government Mandate Review;
create ....................................................................................................................HR 496 Local Government Infrastructure Financing Authority Act; enact ........................HB 429 Local government; approval of bonded debt by election; population
brackets and the census; change certain provisions...........................................HB 1117 Local Government; clarify development authorities are authorized
to conduct redevelopment.................................................................................... SB 257 Local government; define "public works construction"; energy savings
performance contracts; does not change/conflict with any existing authority ............................................................................................................... SB 113 Local Government; electronic transmission of budgets; change certain definitions ................................................................................................ SB 381 Local government; tenants of airports authorized to be members of airport authority or commission; provide......................................................HB 1181 Local government; zoning proposal review procedures; repeal section and reserve.............................................................................................HB 1089 Local option sales tax proceeds; annual reporting of expenditures; expand matters .....................................................................................................HB 814 Local option sales tax; distribution of tax proceeds; change provisions ..............HB 1169 Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors ...........................................................................HB 1052 Municipal corporations; certain requirements and standards for incorporation; provide....................................................................................HB 830 Municipal corporations; control over parks and fire stations; change certain provisions.....................................................................................HB 990

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6424

INDEX

Municipal corporations; incorporation bills introduced first session year and voted second year; provide.......................................................HB 672
Municipal Courts; require same training for all judges of courts exercising municipal court jurisdiction ............................................................... SB 351
Municipal taxation; certain contracts to access taxes; provide limitations ............HB 715 Municipalities; law enforcement contracts; population brackets
and census; change provisions...........................................................................HB 1026 Official Code of Georgia; revise, modernize and correct errors
or omissions .........................................................................................................HB 942 Physicians; authorize the administration of vaccines by
pharmacists/nurses; vaccine protocol agreements with physicians..................... SB 288 Property; zoning laws; prohibit - CA .........................................................................HR 3 Prosecuting Attorneys; provide; probate courts, municipal courts, and
courts exercising municipal court jurisdiction; process of such employment ......................................................................................................... SB 352 Purchasing departments; public letting and bids; change provisions.....................HB 606 Revenue and tax; local option tax for economic development; provisions..............HB 73 Revenue and taxation; census tract having at least 45% poverty rate deemed eligible for tier one county tax treatment; provide..........................HB 747 Revenue and taxation; revenue structure; comprehensive revision .......................HB 385 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Revenue and taxation; revenue structure; comprehensive revision .......................HB 387 Revenue and taxation; revenue structure; comprehensive revision .......................HB 388 Sales and use tax; educational purposes; only distributed on basis of full-time equivalent student counts - CA .............................................HR 1150 Sales and use tax; tax credit reduction for educational purposes; provide...............HB 34 School systems; election to dissolve an independent school system if it becomes financially insolvent; provide ............................................HB 894 Service delivery strategy; water or sewer fees; change certain provisions ............HB 174 State Board of Education; Governor's authority upon a recommendation; revise provisions ..................................................................................................HB 859 State government; open meetings and records; revise provisions..........................HB 397 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 State purchasing; certain contracting and bidding requirements; provide .............HB 329 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities ................................................................................................................. SB 50 Tax commissioner; present tax returns of the county; repeal population exception..........................................................................................HB 1209 Tourism and Community Development Act; enact................................................HB 377 Zoning procedures; notice of rezoning hearings; sign posted on property; require .............................................................................................HB 268

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6425

LONG COUNTY Board of Commissioners; change description of districts ....................................HB 1074 Board of Education; change description of districts.............................................HB 1075
LOTTERY FOR EDUCATION Education; tuition equalization grants and HOPE scholarships and grants; revise certain definitions ................................................................... SB 119 Georgia Lottery Corporation; Board of Directors; approve use of video lottery terminals; urge..........................................................................HR 1640 Georgia Lottery Corporation; net proceeds equal 35 percent of lottery proceeds; require ..................................................................................HB 363 Georgia Student Finance Commission; provide necessary data and information to assess whether HOPE scholarship is meeting desired results; urge ...........................................................................................HR 1564 HOPE grants; lower grade point average for maintaining eligibility; provide .................................................................................................................HB 837 HOPE scholarship; dual credit enrollment courses treated equal to advancement placement to determine eligibility; provide.............................HB 1207 HOPE scholarships and grants; purposes of eligibility; add maximum annual household income requirement.............................................HB 1156 HOPE scholarships and grants; scholarship for attending out-of-state institutions; provide ...........................................................................................HB 1237 HOPE scholarships and grants; Zell Miller Scholars at eligible public postsecondary institutions; limit number................................................HB 1155 HOPE scholarships and grants; Zell Miller Scholar; revise definition ................HB 1147 HOPE scholarships and grants; Zell Miller Scholar; revise definition ................HB 1157 HOPE; family income limit on eligibility; provide................................................HB 159
LOWNDES COUNTY Board of commissioners; change description of districts.....................................HB 1022 Board of Education; change description of districts...............................................HB 860 Change the description of the commissioner districts ............................................ SB 323 Explosive Ordnance Disposal Technician First Class Joseph Adam McSween Memorial Intersection; dedicate ............................................HR 1352 State highway system; dedicate certain portions..................................................HR 1177
LUMPKIN COUNTY Provide chief magistrate appoint the clerk of the Magistrate Court of Lumpkin County .................................................................................................. SB 273
Whether package sale of distilled spirits be permitted; provide advisory referendum .........................................................................................................HB 1152
LYERLY, CITY OF; provide new charter............................................................HB 1249

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6426

INDEX

M
MACON COUNTY Coach Billy Henderson Interchange; Macon County; dedicate ...............................HR 82 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Macon Day; February 29, 2012; recognize and invite public officials to House ...............................................................................................HR 1467 Macon Water Commissioners - Pension Plan; change provisions .........................HB 635 Macon-Bibb County Water and Sewerage Authority Act; provide appointment of certain members; period of service ............................................ SB 279
MACON, CITY OF Macon Water Authority Act; change description of electoral districts................HB 1196 Macon, City of; City of Payne City; Bibb County; provide for the restructuring of the governments ................................................................... SB 274 Macon-Bibb County Community Enhancement Authority Act; enact ................HB 1265 Macon-Bibb County Transit Authority Act of 1980; enter into contracts with counties and municipal corporations to provide public transportation services; provide power...................................................HB 1206 Macon-Bibb County; create and incorporate new political body corporate.........HB 1171 Macon-Bibb, Georgia; provide unified government ................................................HB 98 Patrolman Donald J. Mander Memorial Underpass; dedicate..............................HR 1439 State highway system; dedicate certain portions..................................................HR 1177
MADISON COUNTY Board of Commissioners; revise districts.............................................................HB 1038 Board of Education; revise districts......................................................................HB 1037 Louie Clark Highway; dedicate............................................................................HR 1602 State highway system; dedicate certain portions..................................................HR 1177
MAGISTRATE COURTS Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Courts; require marshals to notify protected persons upon the service of certain protective orders........................................................................ SB 52 Legal services for indigents; certain fees to fund accused; change provisions.............................................................................................................HB 648 Magistrates; termination under certain circumstances; provide.............................HB 149
MALT BEVERAGES (See Alcoholic Beverages)

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6427

MANCHESTER, CITY OF Claude A. Bray, Junior Highway; dedicate ............................................................HR 472 Provide election districts ......................................................................................HB 1172
MANSFIELD, CITY OF; provide a new charter.................................................... SB 530
MARIETTA, CITY OF; Cities of Marietta, Atlanta, and Jonesboro; recognize the Gone With the Wind Trail; urge .................................................HR 1239
MARION COUNTY Board of Commissioners; change the description of the commissioner districts................................................................................................................. SB 394 Board of Education; change the description of education districts ........................ SB 392
MARRIAGE (Also, see Domestic Relations) Defense of Marriage Act; United States Congress defend challenges to constitutionality; urge ......................................................................................HR 471
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY)
Georgia Regional Transportation Authority; amend provisions; establish Transit Governance Council ...............................................................HB 1199
Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors ...........................................................................HB 1052
Public transit authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...........HB 1051
MASS TRANSPORTATION Public transit authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...........HB 1051 Transportation, Department of; power to contract; amend limitations ..................HB 817
MCDONOUGH, CITY OF Amend powers of mayor; provide for a city administrator .................................... SB 537 Provide for incorporation, boundaries, and powers of the city .............................. SB 534
MCDUFFIE COUNTY Board of Commissioners; change description of districts ......................................HB 925 Board of Education; change description of districts...............................................HB 926 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873

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6428

INDEX

MCINTOSH COUNTY Board of Commissioners; change description of districts ......................................HB 765 Board of Education; change description of districts...............................................HB 764 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Harris Neck Land Trust; pursue return of land from federal government to McIntosh County; recognize .......................................................HR 610
MCINTYRE, CITY OF; McIntyre, Town of; incorporate; grant new charter ..................................................................................................................HB 571
MENTAL HEALTH Behavioral Health, Department of; changes to allocation rates for providers must have legislative ratification; provide.....................................HB 787 Child abuse; state-wide reporting system; create ...................................................HB 633 Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits........................ SB 236 Foster Children's Psychotropic Medication Monitoring Act; enact .........................HB 23 House Department of Behavioral Health and Development Disabilities Oversight Committee; create..........................................................HR 1176 House Study Committee on Adult Mental Health and Disability Facilities; create ...................................................................................................HR 252 Mental Health Addictive Disease Community Recovery Act; enact .....................HB 231 Mental health; extend peace officer requirements to crisis response team members; provisions ...................................................................................HB 258 Mental Health; revise the definition of "developmental disability" ....................... SB 245 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Psychiatric Advance Directive Act; enact ..............................................................HB 460 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642
MERIT SYSTEM (Also, see State Employees or State Government) Education; authority for the State School Superintendent to employ and dismiss employees ............................................................................. SB 38 Public officers and employees; sexual orientation and gender identity; prohibit discrimination ..........................................................................HB 630 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642

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6429

MERIWETHER COUNTY Board of Commissioners; change description of districts ....................................HB 1106 Board of Education; change description of districts.............................................HB 1107 Claude A. Bray, Junior Bridge; dedicate................................................................HR 490
MILITARY, EMERGENCY MANAGEMENT AND VETERANS AFFAIRS
Assistant adjutants general; certain qualifications; change ....................................HB 800 Disabled veterans; free license plates and revalidation decals;
sixty percent disabled; allow ...............................................................................HB 695 Disabled veterans; free license plates and revalidation decals;
total or partial disability; provide ........................................................................HB 696 Emergency Defense of the Home Act; enact..............................................................HB 6 Firearms and weapons; carrying, possession and disposition;
change provisions ................................................................................................HB 981 Foreclosure; violate federal Servicemembers Civil Relief Act;
provide penalties ..................................................................................................HB 527 Freedom from Compulsory Pandemic Act; enact ....................................................HB 11 Georgia Emergency Management Agency; licensing of nongovernmental
rescue organizations, groups, teams, search and rescue dog teams; eliminate.............................................................................................................HB 1081 License Plates; veterans awarded Purple Hearts; include persons still serving in the armed services........................................................................ SB 473 Motor vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ..............................HB 732 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Preventable diseases; establish provider system for children vaccines; require ..................................................................................................................HB 655 Public school students' records; option to not release information to military recruiters; provide ..............................................................................HB 567 Special license plates; Operation Enduring Freedom and Operation Iraqi Freedom veterans; provide..........................................................................HB 128 Special license plates; Operations Iraqi and Enduring Freedom, Global War on Terrorism; add veterans ..........................................................................HB 468 Special license plates; veterans and service members awarded certain distinguished service metals of honor; provide .......................................HB 866 State employees; assist any agency in the execution of 50 U.S.C. Section 1541; prohibit.......................................................................................................HB 918 State government; open meetings and records; revise provisions..........................HB 397 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642

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Taxation; exclusion to certain income of certain disabled veterans; provide .................................................................................................................HB 808
Taxation; income received as retirement benefits from military service not subject to state income tax; provide ................................................HB 1194
Veterans Service Board; apply for certification for Georgia State War Veterans' Home to participate in medicare and Medicaid programs; require ................................................................................................................HB 1072
War veterans homes; Veterans Service Board establish residency fee; authorize...............................................................................................................HB 535
MILLEDGEVILLE, CITY OF; Central State Hospital Local Redevelopment Authority Act; enact ..................................................................HB 815
MILNER, CITY OF; provide new charter ............................................................HB 1259
MILTON, CITY OF; Public Buildings and Facilities Authority; authorize city councilmembers to be appointed ................................................................HB 1154
MINORS (Also, see Juvenile Proceedings) Caylee Anthony's Law; enact .................................................................................HB 974 Courts; orders of delinquency for children who are victims of sexual abuse or sexual trafficking; provide for modification........................HB 1078 Domestic Relations; child abuse; expand mandatory reporting requirements; provide for procedure; exception.................................................. SB 355 Drivers' licenses; convicted of crime against a minor; prohibit certain transport ...................................................................................................HB 215 Education; authority for the State School Superintendent to employ and dismiss employees ............................................................................. SB 38 Education; authorize public school students in charter schools/virtual schools to participate in extracurricular activities at resident schools................... SB 34 Education; maximize the number of students taking at least one course containing online learning prior to graduation .................................. SB 289 Education; provide annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools/school systems. ....................................................................................... SB 410 Education; school health nurse programs; revise provisions ................................. SB 183 Education; termination or suspension of a contract of employment; revise provisions; provide requirements for furlough days ................................. SB 153 Education; tuition equalization grants and HOPE scholarships and grants; revise certain definitions ................................................................... SB 119 Elections; poll officers; provide for the Student Teen Election Participant program.............................................................................................. SB 101 Foster Children's Psychotropic Medication Monitoring Act; enact .........................HB 23

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6431

Hearing Aid Coverage for Children Act; enact ....................................................HB 1061 Insurance; individual health insurance coverage to children
through child-only health plans; provide...........................................................HB 1166 'Interstate Compact on Educational Opportunity for Military Children';
provide for purpose and policy ............................................................................ SB 227 Joint Study Commission on Education for Parents with Newborn
Children; create..................................................................................................HB 1159 Joint Teen Violence Study Committee; create ...........................................................HR 9 Juvenile Justice Department; revise restrictions; possessions
of contraband at juvenile detention centers ......................................................... SB 366 Prosecutions; commence at any time for certain offenses; provide .......................HB 676 Right to life; vested from moment of fertilization; provide - CA ........................HR 1072 Runaway Youth Safety Act; enact..........................................................................HB 185 Sales and use tax; sales of program materials by certain organizations
used by churches to provide youth sports activities; provide exemption ..........HB 1164 Student Achievement Office of; private college submit confidential
student data to Department of Education shall not be liable for breach.............. SB 405 Tobacco related objects; blunt wrap regulation; provide definition.......................HB 512
MITCHELL COUNTY Board of Commissioners; change description of districts ....................................HB 1126 Board of Education; change districts....................................................................HB 1127 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
MONROE COUNTY Board of commissioners; change description of districts.....................................HB 1109 Board of Education; change description of districts.............................................HB 1108 Probate Court; future elections for the office of judge shall be nonpartisan; provide ............................................................................................HB 904 Public Facilities Authority Act; limiting authority to issue revenue bonds to four years; repeal certain provisions..............................................................HB 1193
MONTGOMERY COUNTY Board of Commissioners; change description of districts ....................................HB 1039 Board of Education; change description of districts.............................................HB 1183 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
MORELAND, TOWN OF; change terms and dates of election of mayor and alderman......................................................................................................HB 1184

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MORGAN COUNTY Board of Commissioners; change description of districts ......................................HB 774 Board of Education; change composition and description of districts ...................HB 775
MORTGAGES, LIENS AND SECURITY Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Conveyances; future conveyance of real property; prohibit fee.............................HB 129 Excessive interest rates; motor vehicle title loan brokers; exclude from a five percent per month interest limit ........................................................HB 950 Foreclosure Rescue Fraud Prevention Act; enact...................................................HB 447 Foreclosure sales; county list properties advertised in alphabetical or numerical order; provide .................................................................................HB 209 Foreclosure; time of delivery of notice of proceedings; change ............................HB 419 Foreclosure; violate federal Servicemembers Civil Relief Act; provide penalties ..................................................................................................HB 527 Mortgage lenders and brokers; certain mortgage activities without a license; prohibit.................................................................................................HB 946 Mortgages and liens; vacant and foreclosed real property registries; provide .................................................................................................................HB 110 Neighborhood Stabilization Act; or NEST Act; enact ...........................................HB 338 Property; foreclosure; provide definitions; change multiple provisions ................HB 445 Property; mortgage holder must file deeds under power after foreclosure sale; amend time .............................................................................HB 1042 Property; notices of sales made on foreclosure under power of sale shall be provided to all debtors ................................................................ SB 333 Property; prohibit fee for conveyance of real property except under limited circumstances ................................................................................HB 739 Property; showing of fair market value to obtain judgment on deed to secure debt or mortgage prior to foreclosure; provide..........................HB 1047 Protecting Georgia Homeowners Act of 2011; enact.............................................HB 204 Real Estate Professionals; provisions ..................................................................... SB 365 Real property; any document securing payment of money shall be deemed a mortgage; provide after 12-31-2012...............................................HB 781
MOTOR FUEL AND ROAD TAX Federal government; cease collection of motor fuel taxes in Georgia; urge........HR 1237 Motor fuel and road tax; change certain definitions...............................................HB 151 Motor fuel tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ................................HB 743

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6433

Motor fuels sales tax; appropriated to provide public-use airports; provide - CA ........................................................................................................HR 419
Sales and use tax; fuel for cooling refrigerated shipping containers; provide exemption ...............................................................................................HB 547
MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; change definitions; provisions...................................HB 113 Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions...................................................................HB 996 Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions.................................................................HB 1056 All-terrain vehicles; make definitions consistent with industry standards.............HB 795 Bicycles; operation on sidewalks; authorize local governments..............................HB 71 Commerce and trade; secondary metals recyclers; provide comprehensive revision of provisions; security interests and liens; change certain provisions.............................................................................................................HB 872 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Disabled veterans; free license plates and revalidation decals; sixty percent disabled; allow ...............................................................................HB 695 Disabled veterans; free license plates and revalidation decals; total or partial disability; provide ........................................................................HB 696 Driver training instructors and schools; definitions and exceptions; modify provisions ..............................................................................................HB 1134 Drivers' licenses; convicted of crime against a minor; prohibit certain transport ...................................................................................................HB 215 Drivers' licenses; examinations only in English language; provide .........................HB 72 Drivers' licenses; felony offense demarcated on license; provisions .......................HB 91 Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits........................ SB 236 Drivers; only hands-free communications devices in motor vehicles; provide ....................................................................................................HB 67 Driving under the influence; clinical evaluation; modify provisions...................HB 1136 Driving Under the Influence; convicted have ignition interlock device installed; require .......................................................................................HB 435 Excessive interest rates; motor vehicle title loan brokers; exclude from a five percent per month interest limit ........................................................HB 950 Excise tax; motor vehicle rental; change certain definitions..................................HB 169 Georgia Constitutional Carry Act of 2012; enact...................................................HB 679 Georgia Land Bank Act; governing creation/operation of land banks; provisions............................................................................................................. SB 284 Georgia Lemon Law; increase fee collected by new dealers from consumers; provisions..........................................................................................HB 852

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INDEX

Georgia Lemon Law; increase the fee to be collected by new motor vehicle dealers from the consumer ...................................................................... SB 305
Georgia Motor Common and Contract Carrier Act of 2012; enact........................HB 865 House Comprehensive Motor Vehicle and Traffic Reform Study
Committee; create ..............................................................................................HR 1731 House Study Committee on Driver Education and DUI Risk
Reduction Programs; create ...............................................................................HR 2051 Income tax credit; certain trucks and taxis fueled by natural gas; provide ............HB 890 Income tax credits; low-emission vehicles; change definition...............................HB 404 Insurance; consumer protections related to aftermarket emissions
parts and aftermarket safety parts; provide........................................................HB 1173 'Interstate Compact on Educational Opportunity for Military
Children'; provide for purpose and policy ........................................................... SB 227 Jury Composition Reform Act of 2011; provide for a modernized
and uniform system of compiling, creating, maintaining, jury lists .................... SB 191 Law enforcement officers; impermissibly use race or ethnicity
to stop motorist; prohibit .....................................................................................HB 177 Law enforcement officers; use race or ethnicity to stop motorist; prohibit .............HB 94 License Plates; require a sworn statement by an applicant for
a tag renewal ........................................................................................................ SB 138 License Plates; require the nation's motto, "In God We Trust" printed on
license plates; county name decal........................................................................ SB 293 License Plates; veterans awarded Purple Hearts; include persons
still serving in the armed services........................................................................ SB 473 Limited driving permits; certain offenders; allow issuance .....................................HB 26 Motor carrier transportation contracts; certain intentional acts; remove................HB 360 Motor vehicle registration records; persons to receive certificate of title;
add authorized persons.........................................................................................HB 357 Motor vehicle registration; off-road recreation vehicles; provide..........................HB 224 Motor vehicle taxation; comprehensive revision ...................................................HB 259 Motor vehicles and traffic; judge of probate court may request district
attorney to prosecute misdemeanor traffic cases in probate court; provide ...............................................................................................................HB 1309 Motor vehicles; cancellation of a certificate of title for scrap metal, dismantled or demolished trailers; provide...............................................HB 900 Motor vehicles; carry stacked ladders more than three high in rack; prohibit.................................................................................................................HB 519 Motor vehicles; leave safe distance between vehicle and bicycle when passing; require ..........................................................................................HB 180 Motor vehicles; personal transportation vehicles; create new class.......................HB 328 Motor vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ..............................HB 732

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6435

Motor vehicles; state law violation for drivers of commercial vehicles who fail to be restrained by a seat safety belt on roads and highways; provide .......................................................................................HB 1190
Motor vehicles; temporary license plates; modify provisions................................HB 985 Motor vehicles; temporary plates or drive-out tags for trailers; provide................HB 884 Motor vehicles; use of child restraint systems; increase age..................................HB 279 Motorcycles; certain traffic regulations; provide ...................................................HB 161 Officer Safety Act of 2011; enact.............................................................................HB 35 Pain-Capable Unborn Child Protection Act; enact...................................................HB 89 Prosecuting Attorneys; provide; probate courts, municipal courts, and
courts exercising municipal court jurisdiction; process of such employment ......................................................................................................... SB 352 Restoration of licenses; certified driver improvement programs for purposes of completing certain probation requirements; require ................HB 1137 Restoration of licenses; certified DUI Alcohol or Drug Use Risk Reduction Programs; modify provisions...................................................HB 1133 Restoration of licenses; certified DUI Alcohol or Drug Use Risk Reduction Programs; modify provisions...................................................HB 1135 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Right to Travel Act; enact...........................................................................................HB 7 Rules of the Road; dedicate the Georgia Move-Over law in memory of Spencer Pass...................................................................................... SB 168 Rules of the road; driver meet or overtake school bus; enforce by video images; provide.....................................................................................HB 254 Rules of the Road; provide driving under influence of alcohol/drugs by illegal alien is a felony ......................................................................................... SB 162 Salvage or rebuilt motor vehicles; registered inspectors qualifications; provide .................................................................................................................HB 518 School buses; video cameras to monitor students; provide....................................HB 474 Scrap vehicles; change value; provisions ...............................................................HB 309 Secondary Metal Recyclers; comprehensive revision of provisions...................... SB 321 Secondary metals recyclers; comprehensive regulation of theft of regulated metal property; provide ...................................................................HB 888 Special license plates; amateur radio operators; provide .......................................HB 127 Special license plates; certified firefighters exempt from paying annual renewal fee; provide.................................................................................HB 724 Special license plates; Operation Enduring Freedom and Operation Iraqi Freedom veterans; provide..........................................................................HB 128 Special license plates; Operations Iraqi and Enduring Freedom, Global War on Terrorism; add veterans ..........................................................................HB 468 Special license plates; prostate cancer awareness and research; provide...............HB 917 Special license plates; supporting nurses in Georgia and nursing profession; provide ............................................................................................HB 1044

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6436

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Special license plates; veterans and service members awarded certain distinguished service metals of honor; provide .......................................HB 866
Speed detection devices; rehabilitation centers obtain permit for use; allow.....................................................................................................................HB 443
State government; open meetings and records; revise provisions..........................HB 397 State Personnel Administration; abolish; transfer certain functions
to Department of Administrative Services ..........................................................HB 642 State Road and Tollway Authority; abolish .............................................................HB 18 Traffic offenses; driving under the influence; first time conviction;
require ignition interlock device..........................................................................HB 427 Traffic offenses; expungement of conviction for driving under
the influence under certain circumstances; provide.............................................HB 799 Traffic offenses; fleeing or attempting to elude a pursuing police
vehicle; modify provisions ..................................................................................HB 827 Traffic offenses; fleeing or attempting to elude a pursuing police
vehicle; modify provisions ..................................................................................HB 828 Transportation of Hazardous Materials Act; enact; provisions..............................HB 252 Vehicle service agreements; retail installment sellers exempted
from reinsurance; provide requirements..............................................................HB 819 Vehicles; add certain persons to those authorized to receive
registration records; provide ................................................................................HB 858 Vehicles; commercial wreckers exceeding maximum weight
for vehicles on highway system when conducting emergency tow; provide annual permits.........................................................................................HB 835 Vehicles; driving with snow or ice is an unsafe condition; define.........................HB 201 Violations of traffic laws; additional penalty to be assessed for driver education purposes; extend expiration date.........................................HB 871
MOULTRIE, CITY OF; levy an excise tax..........................................................HB 1225
MUNICIPALITIES (Also, see Local Government or Named Municipality)
Annexation disputes; compensation for arbitration panel members; revise...........HB 124 Annexation of territory; additional method for municipalities; provide ................HB 428 Annexation; deannexation; provide........................................................................HB 394 Annexation; unincorporated islands; repeal Article 6 ..........................................HB 1123 Business licenses; verification of lawful residence by applicants;
modify requirements ...........................................................................................HB 810 Child Protection Act; enact.......................................................................................HB 10 Code enforcement boards; code enforcement officers; change definition ...............HB 93 Counties; provide authority; operate vehicle for hire equipped
to transport passengers in wheelchair throughout the state ................................. SB 373

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6437

Distilled spirits; election superintendent shall hold referendum upon receipt of resolution; provide......................................................................HB 849
Distilled spirits; vote to approve sale in a county or municipality; provide.............HB 96 Georgia Land Bank Act; governing creation/operation of land banks;
provisions............................................................................................................. SB 284 Georgia Procurement Registry; used for bids for public works contracts;
provisions.............................................................................................................HB 650 Georgia Tourism Development Act; Department of Community
Affairs; refund sales tax for tourism attractions; authorize ...............................HB 1050 Inmates; performing services for local governments; clarify provisions ...............HB 778 Integrity in Public Proceedings Act; enact .............................................................HB 556 Local government; define "public works construction"; energy savings
performance contracts; does not change/conflict with any existing authority ............................................................................................................... SB 113 Local Government; electronic transmission of budgets; change certain definitions ................................................................................................ SB 381 Local government; tenants of airports authorized to be members of airport authority or commission; provide......................................................HB 1181 Municipal corporations; certain requirements and standards for incorporation; provide....................................................................................HB 830 Municipal corporations; control over parks and fire stations; change certain provisions.....................................................................................HB 990 Municipal corporations; incorporation bills introduced first session year and voted second year; provide.......................................................HB 672 Municipal Courts; require same training for all judges of courts exercising municipal court jurisdiction ............................................................... SB 351 Municipal taxation; certain contracts to access taxes; provide limitations ............HB 715 Municipalities; law enforcement contracts; population brackets and census; change provisions...........................................................................HB 1026 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment............................................................................................. SB 352 Sales and use tax; tax credit reduction for educational purposes; provide...............HB 34 Service delivery strategy; water or sewer fees; change certain provisions ............HB 174 State Road and Tollway Authority; abolish .............................................................HB 18 Tourism and Community Development Act; enact................................................HB 377 Workers' compensation; parties to franchise agreement not considered employees; provide ..............................................................................................HB 548
MURRAY COUNTY Board of Elections and Registration; create .........................................................HB 1250 Board of Education; change description of districts...............................................HB 921 Charles N. "Judy" Poag Memorial Highway; dedicate ........................................HR 1734

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MUSCOGEE COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Jim Wetherington Interchange; dedicate ..............................................................HR 1826 John Flournoy Interchange; dedicate....................................................................HR 1676 School District; change description of districts....................................................HB 1231 School District; superintendent may make public works construction contracts; change maximum amount .................................................................HB 1232

N
NATURAL GAS (Also, see Gas, Gasoline, and Gas Services) Income tax credit; certain trucks and taxis fueled by natural gas; provide ............HB 890 Natural Gas Competition and Deregulation Act; Public Service Commission shall adopt certain rules with respect to charges for natural gas used in structures where poultry are raised; provide .................HB 1174
NATURAL RESOURCES (See Conservation and Natural Resources)
NATURAL RESOURCES, DEPARTMENT OF Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission ........................................................................... SB 339 Natural Resources, Department of; solicit and accept gifts, donations, and contributions; authorize .......................................................................................HB 887
NEWTON COUNTY Board of commissioners; change description of districts.......................................HB 772 Board of Education; change description of districts...............................................HB 773 J. Dixon Hays Memorial Highway; dedicate........................................................HR 1152 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873 State highway system; dedicate certain portions..................................................HR 1177
NONPROFIT CORPORATIONS Food sales and service establishments; revise definitions; exempt certain activities ...................................................................................................HB 681

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6439

NONRESIDENTS Education; collect data pertaining to illegal and undocumented students; provide ..................................................................................................HB 296 Georgia General Assembly 2011 Session; House Bill 87; repeal provisions.............................................................................................................HB 796 Georgia House of Representatives; begin conversation to look at policy that will empower undocumented students access to higher education; urge ...................................................................................................................HR 2089 Government; modify provisions; verification requirements, procedures, and conditions for applicants for public benefits ............................. SB 458 Income tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes; change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations..........................................................................................HB 965 Income tax; taxable nonresident; change definition ...............................................HB 531 Income tax; withholding tax on taxable income of nonresident members of certain associations; change certain provisions ...............................HB 967 Joint Study Committee on State-Local Government Mandate Review; create ....................................................................................................................HR 496 Lawful presence verification; postsecondary education; reserve benefits ...............HB 59 Medical assistance; lawfully qualified alien children and pregnant women; eligible....................................................................................................HB 345 Personal jurisdiction over nonresidents; domestic relations cases; clarify ............HB 525 Postsecondary education; reserve benefits to citizens and lawfully present and eligible aliens......................................................................................HB 25 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ................................. SB 40 Rules of the Road; provide driving under influence of alcohol/drugs by illegal alien is a felony ......................................................................................... SB 162 Taxation; nonresident subcontractor withholding payments; change required percentage .................................................................................HB 932
NORCROSS, CITY OF; change corporate limits.................................................HB 1236
NUCLEAR ENERGY (Also, see Energy) House Study Committee on the Use and Development of Nuclear Plants in Georgia; create ......................................................................................HR 691 State government; support nuclear and renewable energy; urge............................HR 510

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NURSES Advanced Practice Registered Nurses; delegation of authority to order radiographic imaging tests; revise provisions........................................ SB 386 Elementary and secondary education; school health nurse programs; revise provisions ..................................................................................................HB 935 Georgia Registered Professional Nurse Practice Act; revise a definition ..............HB 426 Health care professionals; cultural competency training; urge ..............................HR 758 Motor vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ..............................HB 732 Nurses; approved nursing education programs; revise definitions.........................HB 675 Nurses; prohibit the use of the title "nurse" unless licensed as a registered professional nurse............................................................................... SB 67 Nurses; provide for continuing competency requirements; renewal of licenses ............................................................................................................ SB 368 Physicians; administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements; authorize..........................................HB 1149 Physicians; authorize the administration of vaccines by pharmacists/nurses; vaccine protocol agreements with physicians..................... SB 288 Registered professional nurse; requirements for preceptorship for applicants; revise............................................................................................HB 470 Special license plates; supporting nurses in Georgia and nursing profession; provide ............................................................................................HB 1044

O
OGLETHORPE COUNTY; State highway system; dedicate certain portions ..............................................................................................................HR 1177
OPEN AND PUBLIC MEETINGS Electric membership corporations; meetings open and public; provide ................HB 316 Georgia Land Bank Act; governing creation/operation of land banks; provisions............................................................................................................. SB 284 Hemophilia Advisory Board Act; enact .................................................................HB 378 Open and Public meetings; authorize all agencies to conduct meetings by teleconference under certain circumstances.................................... SB 176 State government; open meetings and records; revise provisions..........................HB 397

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6441

P
PARDONS AND PAROLES Crime Victims' Bill of Rights; fail to notify victim of parole; provide consequences .........................................................................................HB 639 Probation/Parole Community Based Supervision, Department of; create; change provisions ................................................................................................HB 620
PARENT AND CHILD (Also, see Domestic Relations) 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions..........................................................................HB 1176 Adoption; withdrawing a surrender of parental rights; change period.................HB 1212 Child abuse; mandatory reporting requirements; expand.......................................HB 948 Child abuse; mandatory reporting; expand.............................................................HB 529 Child abuse; state-wide reporting system; create ...................................................HB 633 Domestic Relations; child abuse; expand mandatory reporting requirements; provide for procedure; exception.................................................. SB 355 Parent and child; grandparent visitation rights; modify provisions......................HB 1198 United States Congress; propose Parental Rights Amendment; urge ....................HR 738
PARKS, HISTORIC AREAS, MEMORIALS AND RECREATION Georgia Constitutional Carry Act of 2012; enact...................................................HB 679 License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal........................................................................ SB 293 Natural Resources, Department of; African American Cultural Preservation Office; create...................................................................................HB 982 Natural Resources, Department of; transfer certain responsibilities for state parks to local governing authorities; authorize......................................HB 684 State Parks; use of boats; public nuisances; revise certain provisions ................... SB 319 Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions ........................................... SB 362
PAULDING COUNTY Board of Commissioners; revise districts...............................................................HB 838 Board of Education; revise districts........................................................................HB 839 Mrs. Glenda and Doctor John Covington Highway; dedicate..............................HR 1827
PAYNE, CITY OF Macon, City of; City of Payne City; Bibb County; provide for the restructuring of the governments ................................................................... SB 274 Macon-Bibb County; create and incorporate new political body corporate.........HB 1171

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PEACE OFFICERS ANNUITY AND BENEFIT FUND Peace Officer's Annuity and Benefit Fund; board of trustees authorized to employ a hearing officer; provide..................................................HB 928 Peace Officers' Annuity and Benefit Fund; communications officers; provide membership ..............................................................................HB 625 Peace Officers' Annuity and Benefit Fund; member who ceases to be employed shall notify the retirement fund immediately; provide ..............HB 987 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities ................................................................................................................. SB 50
PEACE OFFICERS (Also, see Law Enforcement Offices and Agencies) Mental health; extend peace officer requirements to crisis response team members; provisions ...................................................................................HB 258 Obstruction of Public Administration; establish the offense of unlawful pointing of a laser device at a law enforcement officer; penalties ...................... SB 441 Peace officers; employment or certification; modify certain requirements ...........HB 327 Probation; prohibit first offender treatment for certain crimes involving law enforcement officers ..................................................................... SB 231
PEACH COUNTY Board of commissioners; change description of districts.......................................HB 726 Board of Education; change description of districts...............................................HB 727
PEACHTREE CITY, CITY OF; levy excise tax...................................................HB 364
PENAL INSTITUTIONS 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions..........................................................................HB 1176 Child abuse; state-wide reporting system; create ...................................................HB 633 Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Crime Victims' Bill of Rights; fail to notify victim of parole; provide consequences .........................................................................................HB 639 Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits........................ SB 236 Driving Under the Influence; convicted have ignition interlock device installed; require .......................................................................................HB 435 Family violence; include inflicting unjustified injury to household animal; provide ....................................................................................................HB 493 General Assembly; redistricting plans; include and exclude prisoner population; provide................................................................................HB 163 Inmate policies; restraint on pregnant female inmates; prohibit ............................HB 653

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6443

Inmates; performing services for local governments; clarify provisions ...............HB 778 Misdemeanor offenders; electronic submission of sentencing
documentation; provide .......................................................................................HB 340 Official Code of Georgia; revise, modernize and correct errors
or omissions .........................................................................................................HB 942 Probation/Parole Community Based Supervision, Department of; create;
change provisions ................................................................................................HB 620 Probation; prohibit first offender treatment for certain crimes
involving law enforcement officers ..................................................................... SB 231 Sexual Offender Registration Review Board; gathering information
relating to sexual offenders; provide more effective methods ............................HB 895 State Personnel Administration; abolish; transfer certain functions
to Department of Administrative Services ..........................................................HB 642 Superior Courts; remove provisions relating to accused consenting to
alternate location for session of court; add certain fees to list of priorities ................................................................................................................. SB 50
PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Services)
PHARMACISTS AND PHARMACIES Georgia State Board of Pharmacy; administratively attached to Department of Community Health; provide..................................................HB 1130 Health care facilities; regulation and licensing of assisted living communities; provide ..........................................................................................HB 405 Pharmacist and Pharmacies; change definition of security paper; State Board of Pharmacy; revisions..................................................................... SB 380 Pharmacists and pharmacies; definitions of certain opioid drugs; provide............HB 952 Pharmacists and pharmacies; prescription biologic product and biosimilar product; define ...........................................................................HB 1124 Pharmacists and pharmacies; revise definition of security paper.........................HB 1069 Pharmacists and pharmacies; use remote order entry for hospital pharmacies under certain conditions; authorize ..................................................HB 878 Pharmacists; hard copy prescriptions on security paper; define; require ...............HB 469 Physicians; administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements; authorize..........................................HB 1149 Physicians; authorize the administration of vaccines by pharmacists/nurses; vaccine protocol agreements with physicians..................... SB 288 Prescription drugs; pharmacist include prescription drug retail price on receipt; provide ......................................................................................HB 361 Prescription drugs; reference product license holder shall have immunity from liability from claims for loss from use of biosimilar biological products; provide ..............................................................................HB 1068

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6444

INDEX

State Board of Pharmacy; prescription drugs by mail/other common carriers; provisions............................................................................................... SB 346
The Pharmacy Audit Bill of Rights; recoupment pursuant to an audit under certain circumstances; limit .........................................................HB 964
The Pharmacy Audit Bill of Rights; recoupment pursuant to an audit under certain circumstances; limit .......................................................HB 1125
PHYSICIANS, PHYSICIANS ASSISTANTS AND RESPIRATORY CARE
Advanced Practice Registered Nurses; delegation of authority to order radiographic imaging tests; revise provisions........................................ SB 386
Controlled Substances; changes to definition of written prescriptions for dangerous drugs; revise a definition .............................................................. SB 378
Crimes and offenses; prenatal murder unlawful; provide ..........................................HB 1 Georgia Medical Assistance Fraud Prevention Program; enact ............................... SB 63 Georgia Pain Management Clinic Act; enact .........................................................HB 972 Health care professionals; cultural competency training; urge ..............................HR 758 Perfusionists; revise continuing education requirements; definition........................ SB 66 Persons licensed to practice orthotics or prosthetics; continuing
education requirements; revise provisions.........................................................HB 1143 Physician assistants; prescribe Schedule II controlled substances;
physicians authorize...........................................................................................HB 1303 Physicians; administration of vaccines by pharmacists or nurses
pursuant to vaccine protocol agreements; authorize..........................................HB 1149 Physicians; authorize the administration of vaccines by
pharmacists/nurses; vaccine protocol agreements with physicians..................... SB 288
PICKENS COUNTY Board of Commissioners; clarify dates; change description of districts ................HB 712 Lou Chastain Memorial Bridge; dedicate...............................................................HR 572 Pickens County Water and Sewer Authority; waiting period of two years for member reappointment; remove provision .............................HB 1213
PIEDMONT JUDICIAL CIRCUIT Piedmont Judicial Circuit; superior court judgeship; create...................................HB 762
PIKE COUNTY Board of Education; change description of districts...............................................HB 906 School District ad valorem tax; provide homestead exemption...........................HB 1091

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6445

PLANNING AND BUDGET, OFFICE OF Fiscal bills; fiscal notes for bills expected to have substantial impact on anticipated revenue; remove requirement...........................................HB 914 Fiscal bills; Office of Planning and Budget; remove from fiscal note process..........................................................................................................HB 995
POLK COUNTY Ad valorem tax for county purposes; provide exemption ......................................HB 614 Ad valorem tax for county purposes; provide exemption ......................................HB 615 Ad valorem tax; educational purposes; provide exemption ...................................HB 616 Ad valorem tax; educational purposes; provide exemption ...................................HB 617 Board of Education; revise districts......................................................................HB 1023 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
PORT WENTWORTH, CITY OF; Hugh Carroll Butler Memorial Bridge; Chatham County; dedicate......................................................................HR 423
POSTSECONDARY EDUCATION (Also, see Education) Board of Regents; provide multiyear lease agreements ......................................... SB 220 Education; annual program on United States Constitution; require.......................HB 425 Education; tuition equalization grants and HOPE scholarships and grants; revise certain definitions ................................................................... SB 119 Elections; valid student identification card with photograph to vote; provide ....................................................................................................HB 707 Herty Advanced Materials Development Center; change provisions; rename and transfer governance to Board of Regents ........................................ SB 396 HOPE grants; lower grade point average for maintaining eligibility; provide .................................................................................................................HB 837 HOPE scholarships and grants; purposes of eligibility; add maximum annual household income requirement.............................................HB 1156 HOPE scholarships and grants; scholarship for attending out-of-state institutions; provide ...........................................................................................HB 1237 HOPE scholarships and grants; Zell Miller Scholars at eligible public postsecondary institutions; limit number................................................HB 1155 HOPE scholarships and grants; Zell Miller Scholar; revise definition ................HB 1147 HOPE scholarships and grants; Zell Miller Scholar; revise definition ................HB 1157 HOPE; family income limit on eligibility; provide................................................HB 159 Nonpublic Postsecondary Educational Institutions Act of 1990; operate by means of accreditation; provide authorization...................................HB 792 Postsecondary education; reserve benefits to citizens and lawfully present and eligible aliens......................................................................................HB 25

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6446

INDEX

Student scholarship organizations; education income tax credit; revise provisions ..................................................................................................HB 369
Tuition grant assistance; Georgia Military College; provide ...................................HB 74
PRIMARIES (See Elections)
PRISONS (See Penal Institutions)
PROBATE COURTS Eligibility requirements; probate court clerks; modify provisions.........................HB 534 Legal services for indigents; certain fees to fund accused; change provisions.............................................................................................................HB 648 Motor vehicles and traffic; judge of probate court may request district attorney to prosecute misdemeanor traffic cases in probate court; provide ...............................................................................................................HB 1309
PROBATION Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits........................ SB 236 Driving Under the Influence; convicted have ignition interlock device installed; require .......................................................................................HB 435 Family violence; include inflicting unjustified injury to household animal; provide ....................................................................................................HB 493 Health care facilities; regulation and licensing of assisted living communities; provide ..........................................................................................HB 405 Probation/Parole Community Based Supervision, Department of; create; change provisions ................................................................................................HB 620 Probation; prohibit first offender treatment for certain crimes involving law enforcement officers ..................................................................... SB 231 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities....................................................................................................... SB 50 Workers' compensation; parties to franchise agreement not considered employees; provide............................................................................HB 548
PROFESSIONS AND BUSINESSES Advanced Practice Registered Nurses; delegation of authority to order radiographic imaging tests; revise provisions........................................ SB 386 Barbers; license to operate mobile barbershops; provide.........................................HB 70 Contractors; residential water treatment installation; exempt from licensing ........................................................................................................HB 57 Controlled Substances; changes to definition of written prescriptions for dangerous drugs; revise a definition .............................................................. SB 378

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6447

Cosmetologists; examinations and applications for certificates of registration; change certain provisions............................................................HB 374
"Disposition of Veterans' Cremated Remains Act"; provide for a determination; deceased veteran; certain notifications ............................... SB 372
Division of Roofing Contractors; create.................................................................HB 666 Driver training instructors and schools; definitions and exceptions;
modify provisions ..............................................................................................HB 1134 Education, Department of and Professional Standards Commission;
develop educator ethics course; direct .................................................................HR 461 Elementary and secondary education; school health nurse programs;
revise provisions ..................................................................................................HB 935 Engineers and land surveyors; certification eligibility; change
requirements.........................................................................................................HB 166 Funeral directors and cemeterians; allow electronic signatures
for funeral services and related preneed contracts; modify provisions ...............HB 953 Georgia Medical Assistance Fraud Prevention Program; enact ............................... SB 63 Georgia Pain Management Clinic Act; enact .........................................................HB 972 Georgia Registered Professional Nurse Practice Act; revise
a definition ...........................................................................................................HB 426 "Georgia Volunteers in Dentistry and Dental Hygiene Act";
provide for special licenses for dentists and dental hygienists licensed in other jurisdictions .............................................................................. SB 338 Health care professionals; cultural competency training; urge ..............................HR 758 Healthcare Facilities; expand provisions; nationally recognized health care accreditation body ............................................................................. SB 361 Horse racing; pari-mutuel wagering; provide - CA................................................HR 186 House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; create.............................................................................HR 384 House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; create.............................................................................HR 426 Income tax credit; certain volunteer firefighters; provide ......................................HB 873 Income tax credits; business enterprises located in less developed areas designated by tiers; provide........................................................................HB 868 Income tax payments and withholding; tax compensation to entertainers and athletes; provide ........................................................................HB 532 Joint Higher Education Finance Study Committee; create.....................................HR 495 Massage Therapists; provide that an applicant for a license by endorsement shall provide certain information .............................................. SB 143

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6448

INDEX

Motor vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates .......................................................................................................HB 732
Music Therapists; require licensure by the Secretary of State; establishment of Music Therapy Advisory Group .............................................. SB 414
Nurses; approved nursing education programs; revise definitions.........................HB 675 Nurses; prohibit the use of the title "nurse" unless licensed as
a registered professional nurse............................................................................... SB 67 Nurses; provide for continuing competency requirements; renewal
of licenses ............................................................................................................ SB 368 Official Code of Georgia; revise, modernize and correct errors
or omissions .........................................................................................................HB 942 Patient Self-Referral; revise the definition of "rural area" ..................................... SB 470 Pawnbrokers; provide limitations regarding certain fees or taxes;
transactions .......................................................................................................... SB 379 Perfusionists; revise continuing education requirements; definition........................ SB 66 Persons licensed to practice orthotics or prosthetics; continuing
education requirements; revise provisions.........................................................HB 1143 Pharmacists and pharmacies; revise definition of security paper.........................HB 1069 Physician assistants; prescribe Schedule II controlled substances;
physicians authorize...........................................................................................HB 1303 Physicians; administration of vaccines by pharmacists or nurses
pursuant to vaccine protocol agreements; authorize..........................................HB 1149 Physicians; authorize the administration of vaccines by
pharmacists/nurses; vaccine protocol agreements with physicians..................... SB 288 Professional Standards Commission; establish certification
renewal rules; direct.............................................................................................HR 492 Professions and businesses; provisions relating to requirements
for licensure in social work; revise definitions....................................................HB 734 Professions and businesses; real estate professionals; change
certain provisions.................................................................................................HB 880 Psychologists; practice of psychology; clarify .....................................................HB 1163 Real Estate Professionals; provisions ..................................................................... SB 365 Registered professional nurse; requirements for preceptorship
for applicants; revise............................................................................................HB 470 Residential and general contractors; eligibility for license without
exam for professional engineers; provide............................................................HB 870 Sales and use tax; government contractor of overhead materials
for a limited time; add exemption........................................................................HB 761 Scrap vehicles; change value; provisions ...............................................................HB 309 Secondary Metal Recyclers; comprehensive revision of provisions...................... SB 321 Social workers; requirements for licensure; revise provisions...............................HB 434

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INDEX

6449

Special license plates; supporting nurses in Georgia and nursing profession; provide ............................................................................................HB 1044
State Board of Locksmiths; create..........................................................................HB 538 State Construction Industry Licensing Board; Division of Roofing
Contractors; create .............................................................................................HB 1221 State government; open meetings and records; revise provisions..........................HB 397 State Personnel Administration; abolish; transfer certain functions
to Department of Administrative Services ..........................................................HB 642 Taxation; nonresident subcontractor withholding payments;
change required percentage .................................................................................HB 932 Unfair trade practices; prohibition against licensees; change provisions...............HB 455 Veterinarians; application for license; revise provisions........................................HB 409 Veterinary Medicine; provide an additional exemption ......................................... SB 324
PROPERTY Ad valorem property tax; not include nontax fees or assessments; provide ..........HB 291 Ad valorem tax; property; change certain definitions ............................................HB 118 Ad valorem taxation; preferential assessment of brownfield property; extend under certain circumstances .....................................................HB 994 Ad valorem taxation; property; change certain definitions ....................................HB 794 Bona fide conservation use property; covenants; change certain qualifications and restrictions ..............................................................................HB 916 Child abuse; state-wide reporting system; create ...................................................HB 633 Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Condominiums; prohibiting display of for sale sign by unit owner; prevent association.................................................................................HB 1182 Conservation use assessment; property use for solar energy not breach covenant; provide...............................................................................HB 564 Conveyances; future conveyance of real property; prohibit fee.............................HB 129 Education; leasing of certain public school property for the purpose of erecting telecommunication towers; prohibit ..................................HB 1128 Eminent domain; ownership of property seized to mitigate blight may be transferred within 20 years of condemnation; provide .........................HB 1058 Eminent domain; taking private property; prohibit - CA ...........................................HR 2 Excessive interest rates; motor vehicle title loan brokers; exclude from a 5 percent per month interest limit ............................................................HB 950 Foreclosure Rescue Fraud Prevention Act; enact...................................................HB 447 Foreclosure sales; county list properties advertised in alphabetical or numerical order; provide .................................................................................HB 209 Foreclosure; time of delivery of notice of proceedings; change ............................HB 419 Foreclosure; violate federal Servicemembers Civil Relief Act; provide penalties ..................................................................................................HB 527

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6450

INDEX

Georgia Public Revenue Code; alleged tax liability; property seizure; provisions .................................................................................................HB 56
Historic preservation; allow for subdivision of historic property; provide ............HB 802 Homeowners' Solar Bill of Rights; enact ...............................................................HB 686 Homeowners' Solar Bill of Rights; enact ...............................................................HB 961 House Study Committee on State Properties; create ..............................................HR 363 Jackson County; conveyance of state owned property; authorize..........................HR 760 Levy/Sale of Property; change the amount of certain exemptions......................... SB 117 Local government; define "public works construction"; energy savings
performance contracts; does not change/conflict with any existing authority ............................................................................................................... SB 113 Mortgage lenders and brokers; certain mortgage activities without a license; prohibit.................................................................................................HB 946 Mortgages and liens; vacant and foreclosed real property registries; provide .................................................................................................................HB 110 Neighborhood Stabilization Act; or NEST Act; enact ...........................................HB 338 Pawnbrokers; provide limitations regarding certain fees or taxes; transactions .......................................................................................................... SB 379 Property Conveyance; grant nonexclusive easement to Bryan, Butts, and Liberty counties ................................................................................................... SR 765 Property taxes; any governmental entity; abolish - CA..............................................HR 1 Property; covenants; clarify provisions ..................................................................HB 728 Property; foreclosure; provide definitions; change multiple provisions ................HB 445 Property; mortgage holder must file deeds under power after foreclosure sale; amend time .............................................................................HB 1042 Property; notices of sales made on foreclosure under power of sale shall be provided to all debtors ................................................................ SB 333 Property; prohibit fee for conveyance of real property except under limited circumstances ................................................................................HB 739 Property; provide for transfer of control of a condominium association in certain circumstances.................................................................... SB 136 Property; showing of fair market value to obtain judgment on deed to secure debt or mortgage prior to foreclosure; provide..........................HB 1047 Property; zoning laws; prohibit - CA .........................................................................HR 3 Protecting Georgia Homeowners Act of 2011; enact.............................................HB 204 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873 Real Estate Professionals; provisions ..................................................................... SB 365 Real property; any document securing payment of money shall be deemed a mortgage; provide after 12-31-2012...............................................HB 781 Residential mortgage fraud; mortgage lending process; revise definition .............HB 237

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6451

Revenue and taxation; Internal Revenue and Internal Revenue Code of 1986; define terms; clarify certain definitions relating to sales and use tax.........................................................................................................................HB 729
Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Solid waste management; extend compliance date; require private
water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grave period for buyers of property ...................................................................HB 1102 State properties code; disposition of state property; revise certain provisions.............................................................................................................HB 968 State; no private property shall be alienated to any other state; exercise of state sovereignty/jurisdiction without consent of General Assembly ................... SB 62 Tax Amnesty Program Act; additional amnesty periods; provisions.......................HB 29 Taxation; unreturned property; eliminate population provisions; provide penalties ................................................................................................HB 1165 Timber; unauthorized cutting and carrying away; change provisions....................HB 135 Trespassing motor vehicles; regulation and fee charge for tire clamps; provide .................................................................................................................HB 490 Uniform Partition of Heirs Property Act; enact......................................................HB 744
PROSECUTING ATTORNEYS (See Attorneys)
PSYCHOLOGISTS Psychologists; practice of psychology; clarify .....................................................HB 1163
PUBLIC ADMINISTRATION, OFFENSES AGAINST Caylee Anthony's Law; enact .................................................................................HB 974 Crimes and offenses; new crime of false lien statements against public officers; provide........................................................................................HB 997 Criminal Offenses; provide for new offense of transmitting a false report; penalties ........................................................................................ SB 225 Firearms; carrying/possession; definitions; penalties; issuance/qualifications for firearms licenses; provisions .................................... SB 102 Judicial and other proceedings; prohibit intimidation of law enforcement officers in retaliation for officer's actions of carrying out official duties............HB 541 Obstruction of Public Administration; establish the offense of unlawful pointing of a laser device at a law enforcement officer; penalties ...................... SB 441 Probation/Parole Community Based Supervision, Department of; create; change provisions ................................................................................................HB 620 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ................................. SB 40

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6452

INDEX

PUBLIC ASSISTANCE (Also, see Social Services) Certain public assistance; random drug testing for recipients; require ..................HB 698 Dental services; single administrator for Medicaid and PeachCare; provisions.............................................................................................................HB 187 Georgia Medical Assistance Fraud Prevention Program; enact ............................... SB 63 Georgia Taxpayer Protection False Claims Act; enact...........................................HB 822 Human Services, Department of; drug test administered to applicants for temporary assistance; create...........................................................................HB 668 Human Services, Department of; examine income tax records held by Department of Revenue; allow ...............................................................HB 966 Human Services, Department of; implement public assistance drug testing program; require ..............................................................................HB 699 Insurance; policy coverage for telemedicine services; require...............................HB 609 Medicaid; hearings and appeals; final decision of law judge; provide ..................HB 229 Medical assistance; lawfully qualified alien children and pregnant women; eligible....................................................................................................HB 345 Public Assistance; applicants for food stamps and temporary assistance; require personal growth activities...................................................... SB 312 Public assistance; random drug testing of recipients; require ................................HB 464 Public funding of social services; religious or faith based organizations; allow - CA............................................................................................................HR 425 Social Responsibility and Accountability Act; enact .............................................HB 861 Social Responsibility and Accountability Act; enact; drug test; temporary assistance for needy families/Medicaid benefits; requirements .......................... SB 292
PUBLIC BUILDINGS Capitol Arts Standards Commission; Coretta Scott King portrait; urge placement.......................................................................................................HR 28 Rosa Parks and others; portrait placements in state capitol; urge ............................HR 57
PUBLIC CONTRACTS Contracts and purchases by public schools; contractual and purchasing preferences for Georgia service providers; modify provisions ...........................HB 881 Guaranteed asset protection waivers; retail seller's requirements to insure waiver obligations; provide exception..................................................HB 820 Municipalities; law enforcement contracts; population brackets and census; change provisions...........................................................................HB 1026 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ................................. SB 40
PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Abortion; criminal abortion; change certain provisions.........................................HB 954 Abortion; prohibit performance of vasectomies...................................................HB 1116

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6453

Child abuse; mandatory reporting; expand.............................................................HB 529 Commerce/Trade; define unlawful lotteries with regard to promotions;
revise definition ................................................................................................... SB 431 Crimes and offenses; prenatal murder unlawful; provide ..........................................HB 1 Criminal law and procedure; change term "victim" to "accuser"; provide ..............HB 14 Pain-Capable Unborn Child Protection Act; enact...................................................HB 89 Probation; prohibit first offender treatment for certain crimes
involving law enforcement officers ..................................................................... SB 231 Public health and morals; cruelty to animals; change provisions...........................HB 440 Runaway Youth Safety Act; enact..........................................................................HB 185 Tobacco related objects; blunt wrap regulation; provide definition.......................HB 512 Torts; provide for liability for violations of laws relating to
abortion; definitions; wrongful death of an unborn child.................................... SB 210
PUBLIC OFFICERS AND EMPLOYEES Agriculture Commissioner; authorized to require persons incurring civil penalties to obtain a surety bond ................................................................. SB 367 Archives and History, Division of; law regarding Foundation of American Law and Government displays; revise provisions..........................HB 766 Attorney General; authorization to employ private counsel; provide requirements ...........................................................................................HB 441 Budget Act; zero-base budgeting; provide ...............................................................HB 33 Budget reports; tax expenditure review; require certain items...............................HB 920 Budgetary and financial affairs; automatic fee adjustment in certain cases; provide...........................................................................................HB 811 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Crimes and Offenses; contracts; payment of attorney's fees; provisions; prohibit contingent compensation under certain circumstances.......................... SB 181 Education; authority for the State School Superintendent to employ and dismiss employees ............................................................................. SB 38 Ethics in Government Act; substantially revise .....................................................HB 798 Ethics in Government Act; substantially revise; rename Georgia Government Transparency and Campaign Finance Commission as the State Ethics Commission.........................................................................HB 1105 Foundations of American Law and Government Displays; revise provisions............................................................................................................. SB 424 General Assembly; fiscal notes for bills changing compensation; change provisions ................................................................................................ SB 429 Georgia Emergency Management Agency; licensing of nongovernmental rescue organizations, groups, teams, search and rescue dog teams; eliminate.............................................................................................................HB 1081 Georgia Government Accountability Act; enact ....................................................HB 456 Georgia Pain Management Clinic Act; enact .........................................................HB 972

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6454

INDEX

Georgia Public Service Commission; provide jurisdiction; provisions .................HB 688 Health; designation of health information exchange; provisions ...........................HB 646 Insurance; provide a religious exception; requirement that every
health benefit policy provide coverage for contraceptives .................................. SB 460 Jarrett Little Act; indemnification payment shall be made to
parents/siblings of such person; if person does not have unremarried spouse/dependents ............................................................................................... SB 155 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists .................... SB 191 Local boards of education; health insurance benefits to certain former members; authorize..................................................................................HB 689 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Probation/Parole Community Based Supervision, Department of; create; change provisions ................................................................................................HB 620 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ................................. SB 40 Public officers and employees; reporting fraud, waste, abuse or violations of law; modify provisions...............................................................HB 206 Public officers and employees; sexual orientation and gender identity; prohibit discrimination.........................................................................................HB 630 Public Officials; prohibit from granting themselves licenses by waiving certain requirements; penalties ......................................................... SB 147 State Accounting Office; designate as the Comptroller General; transfer the office ................................................................................................. SB 343 State Agencies; require reporting of federal funds received; provisions ...............HB 669 State Employees' Health Insurance Plan; provide that no health insurance plan for employees of the state shall offer coverage for abortion services................................................................................................................. SB 438 State employees' health insurance; no plan shall offer certain drug coverage for erectile dysfunction; provide................................................HB 1234 State government; open meetings and records; revise provisions..........................HB 397 State government; state employees reside in this state; require ...........................HB 1210 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions ........................................... SB 362 Zero-Base Budgeting; application to the budget process; analysis of departmental/program objectives ...................................................................... SB 33

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6455

PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Courts; juvenile proceedings; substantially revise provisions................................HB 641 Crimes and Offenses; define a certain term; political subdivision shall not enact any ordinance more restrictive of sale/possession of knife than general law ..................................................................................... SB 432 Crimes and offenses; discharging gun or pistol near public highway or street; change provisions ...............................................................................HB 1046 Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ............................................................................................... SB 350 Crimes and offenses; sale of handguns; regulate..................................................HB 1310 Due Process Restoration Act; enact............................................................................HB 8 Firearms and weapons; carrying, possession and disposition; change provisions ................................................................................................HB 981 Firearms; authorize persons between the ages of 18 and 21 to carry firearms under certain circumstances ..................................................... SB 493 Firearms; carrying/possession; definitions; penalties; issuance/qualifications for firearms licenses; provisions .................................... SB 102 Firearms; prohibit any additional limitations on carrying firearms during states of emergency .................................................................................... SB 26 Firearms; provide exemption from application of certain laws for persons possessing valid weapons carry licenses; exceptions ......................... SB 98 Firearms; retired judges; provide exemption............................................................HB 58 Freedom of Choice and Security Act; enact...............................................................HB 5 Hunting; authorize the use of silencers on hunting firearms under certain circumstances................................................................................. SB 301 License to carry a pistol or revolver; training for certain persons; provide ...........HB 286 Offenses against public order; criminal defamation; change provisions................HB 348 Offenses against public order; define certain terms; defamation; provisions.............................................................................................................HB 680 Probation/Parole Community Based Supervision, Department of; create; change provisions ................................................................................................HB 620 Runaway Youth Safety Act; enact..........................................................................HB 185 State Authority and Anti-racketeering Act; enact ....................................................HB 21 The Interception and Disclosure of Geolocation Information Protection Act of 2011; enact ..............................................................................HB 674 Weapons; place of worship; repeal prohibition........................................................HB 54 Weapons; school and postsecondary facilities; repeal prohibition...........................HB 55 Weapons; training as a prerequisite for carry license; provide ..............................HB 735

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6456

INDEX

PUBLIC PROPERTY General Assembly; authorize state entities to enter into multiyear rental agreements; procedures, conditions, and limitations - CA.......................... SR 84 Public utilities and public transportation; telecommunications; revise and update certain provisions..................................................................HB 1115 "State Properties Code" multiyear lease agreements; provide for fiscal policies to be adopted by the General Assembly .................................. SB 37 State properties code; disposition of state property; revise certain provisions.............................................................................................................HB 968
PUBLIC RETIREMENT SYSTEMS STANDARDS (Also, see Retirement)
"Employees' Retirement System of Georgia Enhanced Investment Authority Act"; define certain terms relating to certain types of investments ...................................................................................................... SB 402
Georgia Charter Schools Commission; exclude Retirement System membership; provisions ..........................................................................HB 664
Georgia Judicial Retirement System; creditable service for prior service; provide ...........................................................................................HB 344
Judicial Retirement System; certain judicial officers transfer funds; provide .................................................................................................................HB 533
Peace Officers' Annuity and Benefit Fund; communications officers; provide membership ..............................................................................HB 625
Public retirement systems; duties of boards of trustees; provide ...........................HB 308 Regents Retirement Plan; participation revocable at will; provisions....................HB 593 Retirement bills; define a certain term ...................................................................HB 293 Retirement; method of calculating accrued benefits; Employees'
Retirement System of Georgia and Teachers Retirement System of Georgia ............................................................................................................ SB 286 Superior Court Clerks' Retirement Fund; certain employee contribution; reduce...................................................................................................................HB 521 Superior Court Clerks' Retirement Fund; employee contribution; reduce .............HB 645
PUBLIC SAFETY, DEPARTMENT OF (Also, see Drivers Licenses or Law Enforcement Officers and Agencies)
Fire Protection/Safety; consolidate primary state fire protection/safety services within a single agency; establish Department of Fire Safety ................ SB 186
Georgia Aviation Authority; abolish; transfer to Department of Public Safety....................................................................................................HB 605
Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission ......................................................................................................... SB 339

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6457

Public Safety, Department of; sell or trade surplus vehicles; allow.......................HB 253 State Road and Tollway Authority; abolish .............................................................HB 18
PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (Also, see Retirement)
Georgia Charter Schools Commission; exclude Retirement System membership; provisions ..........................................................................HB 664
Public School Employees Retirement System; increase employee contribution; provide............................................................................................HB 473
Retirement; provide an increase in the employee contribution; retirement benefit; conditions .............................................................................. SB 246
PUBLIC SERVICE COMMISSION Consumers' utility counsel division; not necessary to file copies of filings with Public Service Commission; provide...........................................HB 769 Georgia Nuclear Energy Financing Act; repeal .......................................................HB 16 House Public Utility Unit Closure, Contracts, and Rates Study Committee; create ..............................................................................................HR 2015 Lobbying; persons employed by this state; address General Assembly committees; prohibit .............................................................................HB 15 Natural Gas Competition and Deregulation Act; Public Service Commission shall adopt certain rules with respect to charges for natural gas used in structures where poultry are raised; provide .................HB 1174 Public Service Commission; chairperson; change the term/manner of election ............................................................................................................ SB 483 Public Service Commission; change description of the election districts; manner of election and term of office................................................... SB 382 Public Service Commission; composition and terms; provide - CA......................HR 152 Public Service Commission; elect members by respective districts; provide .................................................................................................................HB 154 Public Service Commission; procedure for issuance stocks, bonds, notes; provide exemption from those procedures under certain circumstances............... SB 32 Public Service Commission; regulate private emergency warning to multipoint systems; provide.............................................................................HB 536 Public Service Commission; term and manner of election of chairperson; change ...........................................................................................HB 1160 Public utilities and public transportation; telecommunications; revise and update certain provisions..................................................................HB 1115

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6458

INDEX

PUBLIC UTILITIES AND TRANSPORTATION Boards of education; funding to retrofit school buses; pollution control; urge ....................................................................................................................HR 1093 Consumers' utility counsel division; not necessary to file copies of filings with Public Service Commission; provide...........................................HB 769 Education; student transportation; revise provisions..............................................HB 452 Electric membership corporations; meetings open and public; provide ................HB 316 Electric suppliers; energy saving plans; provide ....................................................HB 497 Electric Utilities; consumers may elect not to use smart meters; Public Service Commission may create/regulate a surcharge for consumers who elect not to use smart meters ................................................ SB 459 Energy Independence and Rate Payer Protection Act; enact .................................HB 451 Energy purchase; amount of energy provider is required to purchase from generator; change ........................................................................................HB 520 Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; change applicability and requirements; change certain definitions...................HB 1049 Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; eliminate Advisory Committee..........................................................................HB 1080 Georgia Nuclear Energy Financing Act; repeal .......................................................HB 16 Georgia Regional Mass Transit Act of 2012; enact .............................................HB 1200 Georgia Regional Transportation Authority; amend provisions; establish Transit Governance Council ...............................................................HB 1199 House Public Utility Unit Closure, Contracts, and Rates Study Committee; create ..............................................................................................HR 2015 House Study Commission on Subsidiary Corporation Condemnation for Electric Transmission Lines; create .............................................................HR 1543 House Study Committee on Subsidiary Corporation Condemnation for Electric Transmission Lines; create .............................................................HR 1644 Lobbying; persons employed by this state; address General Assembly committees; prohibit .............................................................................HB 15 Motor carrier transportation contracts; certain intentional acts; remove................HB 360 Motor fuel tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ................................HB 743 Natural Gas Competition and Deregulation Act; Public Service Commission shall adopt certain rules with respect to charges for natural gas used in structures where poultry are raised; provide .................HB 1174 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Public Service Commission; chairperson; change the term/manner of election ............................................................................................................ SB 483 Public Service Commission; change description of the election districts; manner of election and term of office................................................... SB 382

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6459

Public Service Commission; composition and terms; provide - CA......................HR 152 Public Service Commission; elect members by respective districts;
provide .................................................................................................................HB 154 Public Service Commission; procedure for issuance stocks, bonds, notes;
provide exemption from those procedures under certain circumstances............... SB 32 Public Service Commission; regulate private emergency warning
to multipoint systems; provide.............................................................................HB 536 Public Service Commission; term and manner of election of chairperson;
change ................................................................................................................HB 1160 Public utilities and public transportation; telecommunications;
revise and update certain provisions..................................................................HB 1115 Public utilities; voluntary portfolio standard goals for renewable energy;
provisions.............................................................................................................HB 515 Public utilities; voluntary portfolio standard goals for renewable energy;
provisions.............................................................................................................HB 516 Regional transportation projects; create special transportation
districts for funding - CA...................................................................................HR 1350 Revenue and taxation; revenue structure; comprehensive revision .......................HB 385 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Revenue and taxation; revenue structure; comprehensive revision .......................HB 387 Revenue and taxation; revenue structure; comprehensive revision .......................HB 388 Sales and use tax; Article five relating to a transportation tax;
repeal and reenact ................................................................................................HB 938 Sales and use tax; diesel fuel for locomotives; provide exemption........................HB 233 Sales and use tax; twenty-five percent for transportation; provide - CA .................HR 13 Service suppliers; information registered by suppliers supporting
9-1-1 system; modify provisions .........................................................................HB 304 Special license plates; amateur radio operators; provide .......................................HB 127 State government; open meetings and records; revise provisions..........................HB 397 Tax allocation; communications services tax; directly to counties - CA ...............HR 420 Transportation of Hazardous Materials Act; enact; provisions..............................HB 252 Universal Access Fund; duration and amount of certain distributions
made; establish limitations...................................................................................HB 855 Universal Access Fund; showing contributions on customers's bills;
provide requirements ...........................................................................................HB 332
PULASKI COUNTY; Board of Education; change description of districts ...........HB 779
PUTNAM COUNTY Board of commissioners; change description of districts.......................................HB 757 Board of Education; change method of electing members.....................................HB 723 Change compensation for certain officials .............................................................HB 911

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6460

INDEX

Eatonton-Putnam Water and Sewer Authority; composition; change certain provisions ..................................................................................HB 1255
State Court; law provisions updated and consolidated; provide ............................HB 756

Q
QUALITY BASIC EDUCATION (Also, see Education) Education; authorize public school students in charter schools/virtual schools to participate in extracurricular activities at resident schools................... SB 34 Protecting Public School Funds Act; enact ............................................................HB 312 Quality Basic Education Act; provide various additional academic and extracurricular options for students; Online Clearinghouse Act; enact...............HB 175 Student scholarship organizations; education income tax credit; revise provisions ..................................................................................................HB 369 Student scholarship organizations; testing requirements for qualified schools and programs which enroll eligible students; provide..........................HB 1292
QUITMAN COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Lower Chattahoochee Regional Airport Authority; remove Clay County and Quitman County from membership.........................................HB 903 Lower Chattahoochee Regional Transportation Authority Act; enact ...................HB 604

R
RABUN COUNTY; Board of Education; change description of districts.............HB 1101
RANDOLPH COUNTY Board of elections and registration; create .............................................................HB 638 Lower Chattahoochee Regional Transportation Authority Act; enact ...................HB 604
REAL ESTATE (Also, see Property) Professions and businesses; real estate professionals; change certain provisions.................................................................................................HB 880 Real Estate Professionals; provisions ..................................................................... SB 365 Unfair trade practices; prohibition against licensees; change provisions...............HB 455

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6461

REAPPORTIONMENT Citizens' Redistricting Commission; create..........................................................HB 1139 State house districts; boundaries of certain districts; revise...................................HB 829 State Senate Districts; revise certain boundaries.................................................... SB 430
RELIGION Crimes and offenses; drug-free church zones; establish ......................................HB 1189 License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal........................................................................ SB 293 Public funding of social services; religious or faith based organizations; allow - CA............................................................................................................HR 425 Sales and use tax; sales of program materials by certain organizations used by churches to provide youth sports activities; provide exemption ..........HB 1164
RETIREMENT AND PENSIONS "Employees' Retirement System of Georgia Enhanced Investment Authority Act"; define certain terms relating to certain types of investments ...................................................................................................... SB 402 Employees' Retirement System of Georgia; members not receive fifty percent increase; provisions.........................................................................HB 246 Employees' Retirement System of Georgia; transfer service credit; provide .................................................................................................................HB 542 General Assembly members; members of Georgia Legislative Retirement System; provisions ............................................................................HB 183 Georgia Charter Schools Commission; exclude Retirement System membership; provisions ..........................................................................HB 664 Georgia Judicial Retirement System; creditable service for prior service; provide ...........................................................................................HB 344 Georgia Judicial Retirement System; revised survivor's benefit option; provisions.............................................................................................................HB 250 Georgia State Employees Pension and Savings Plan; transfer of accrued benefit; provide ..................................................................................HB 295 Judges and court employees; new employees not Retirement System of Georgia members; provide .................................................................HB 236 Judicial Retirement System; certain judicial officers transfer funds; provide .................................................................................................................HB 533 Official Code of Georgia; retirement and pensions; revise, modernize, and correct errors or omissions............................................................................HB 944 Peace Officer's Annuity and Benefit Fund; board of trustees authorized to employ a hearing officer; provide..................................................HB 928 Peace Officers' Annuity and Benefit Fund; communications officers; provide membership ............................................................................................HB 625

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6462

INDEX

Peace Officers' Annuity and Benefit Fund; member who ceases to be employed shall notify the retirement fund immediately; provide ..............HB 987
Probate Courts Retirement Fund of Georgia; change portion of fines paid to Judges .........................................................................................HB 351
Public retirement systems; duties of boards of trustees; provide ...........................HB 308 Public School Employees Retirement System; increase employee
contribution; provide............................................................................................HB 473 Regents Retirement Plan; participation revocable at will; provisions....................HB 593 Retirement and pensions; public systems prohibited from expending
fund for certain purposes; provide.......................................................................HB 297 Retirement bills; define a certain term ...................................................................HB 293 Retirement; employment of a retired teacher as a full-time teacher;
change date of automatic repeal ..........................................................................HB 208 Retirement; method of calculating accrued benefits; Employees'
Retirement System of Georgia and Teachers Retirement System of Georgia ............................................................................................................ SB 286 Retirement; provide an increase in the employee contribution; retirement benefit; conditions .............................................................................. SB 246 Sheriffs' Retirement Fund of Georgia; divorced member option to continue coverage; provisions .........................................................................HB 337 State Personnel Administration; make conforming amendments and correct references to abolition and transfer of certain functions to Department of Administrative Services ..........................................HB 805 Superior Court Clerks' Retirement Fund; certain employee contribution; reduce...................................................................................................................HB 521 Superior Court Clerks' Retirement Fund; death benefit for members; provide .................................................................................................................HB 424 Superior Court Clerks' Retirement Fund; employee contribution; reduce .............HB 645 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities ................................................................................................................. SB 50 Taxation; income received as retirement benefits from military service not subject to state income tax; provide ................................................HB 1194
REVENUE, DEPARTMENT OF Administrative provisions; interest rate for past due tax refunds; change provisions ................................................................................................HB 353 Georgia Public Revenue Code; alleged tax liability; property seizure; provisions .................................................................................................HB 56 Georgia Tax Tribunal; create..................................................................................HB 100 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Revenue, Department of; change certain provisions ..............................................HB 212

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6463

Revenue, Department of; sponsorship for certain additional services for the benefit of taxpayers; provide....................................................HB 1162
Revenue, Department of; various administrative and procedural requirements; change ...........................................................................................HB 846
Revenue, Department of; no audit shall be conducted after three years following the filing of sales and use tax return or report....................................... SB 21
Taxation; actuarial investigation and legislative procedures for review and perfection of all bills proposing tax exemptions; provide ..........................HB 1062
REVENUE (See Taxation and Revenue)
RICHMOND COUNTY Augusta-Richmond County Coliseum Authority; appointed members may be reappointed to succeed themselves; provide .........................HB 1203 Augusta-Richmond County Transparency in Government Act; enact.................HB 1235 Augusta-Richmond County; advisory referendum election; provide.....................HB 652 Augusta-Richmond County; mayor and members; partisan elections ...................HB 632 City of Augusta; change description of commissioner districts.............................HB 923 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Deputy James D. Paugh Memorial Highway; dedicate........................................HR 1103 Deputy James D. Paugh Memorial Interchange; Augusta-Richmond County; dedicate ................................................................................................HR 1673 Deputy James D. Paugh Memorial Interchange; Augusta-Richmond County; dedicate ................................................................................................HR 1674 Rosa T. Beard Memorial Bridge; Augusta, Georgia; dedicate...............................HR 408 Ruth B. Crawford Highway; dedicate ..................................................................HR 1643 School board; change description of districts.........................................................HB 924 State highway system; dedicate certain portions..................................................HR 1177
RICHMOND HILL, CITY OF; provide new charter ..........................................HB 1276
ROCKDALE COUNTY Board of Elections and Registration of Rockdale County; revise procedures; appointment of the at-large member ................................................ SB 462 Chief magistrate; provide election..........................................................................HB 586
ROCKDALE JUDICIAL CIRCUIT Rockdale County; chief magistrate; provide election ............................................HB 586

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6464

INDEX

S
SALES AND USE TAX County Boards of Education; homestead option sales and use tax; county sales and use tax for educational purposes; delay effective date of Code section.............................................................................. SB 412 County Sales/Use Tax; expand the matters included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds ..................................................................................... SB 332 Development Authority Jobs Assistance Act of 2011; enact .................................HB 320 Georgia Tourism Development Act; Department of Community Affairs; refund sales tax for tourism attractions; authorize ...............................HB 1050 Georgia Tourism Development Act; enact.............................................................HB 321 House Variable Sales Tax Study Committee; create............................................HR 1738 Local option sales tax proceeds; annual reporting of expenditures; expand matters .....................................................................................................HB 814 Local option sales tax; distribution of tax proceeds; change provisions ..............HB 1169 Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors ...........................................................................HB 1052 Motor fuel tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ................................HB 743 Motor vehicle taxation; comprehensive revision ...................................................HB 259 Public transit authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...........HB 1051 Revenue and tax; local option tax for economic development; provisions..............HB 73 Revenue and tax; prepaid state and local consumables; change multiple provisions ..............................................................................................HB 178 Revenue and taxation; Internal Revenue and Internal Revenue Code of 1986; define terms; clarify certain definitions relating to sales and use tax.........................................................................................................................HB 729 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Revenue and taxation; sales and use tax; change certain definitions ...................HB 1034 Revenue and taxation; sales and use tax; change certain definitions ...................HB 1035 Revenue and taxation; sales and use tax; change certain definitions ...................HB 1036 Revenue; sales and use tax; change certain definitions..........................................HB 993 Sales and use tax exemption; food and beverages; provide partial suspension............................................................................................................HB 287 Sales and use tax exemptions; certain nonprofit volunteer health clinics; extend...................................................................................................................HB 317 Sales and use tax exemptions; certain qualified job training organization; provide ...........................................................................................HB 331 Sales and use tax exemptions; disaster relief food donations; extend....................HB 333

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6465

Sales and use tax exemptions; donated food for hunger relief; extend ..................HB 318 Sales and use tax exemptions; food and beverages to food bank; extend ..............HB 334 Sales and use tax exemptions; natural or artificial gas for manufacturing;
provide .................................................................................................................HB 366 Sales and use tax exemptions; nonprofit health centers, clinics, and food
banks; extend .......................................................................................................HB 319 Sales and use tax exemptions; personal property to certain nonprofit
health centers; provide .........................................................................................HB 379 Sales and use tax exemptions; qualified job training organizations;
provide .................................................................................................................HB 359 Sales and use tax exemptions; sales to qualified job training
organizations; provide..........................................................................................HB 306 Sales and use tax; aircraft used for spraying agricultural crops;
provide exemption .............................................................................................HB 1055 Sales and Use Tax; allow certain taxes to be imposed at a rate
of less than one percent........................................................................................ SB 395 Sales and use tax; Article five relating to a transportation tax;
repeal and reenact ................................................................................................HB 938 Sales and use tax; authorize without all independent school
participation; allow - CA .....................................................................................HR 761 Sales and use tax; certain school supplies, clothing, and computers;
provide exemption ...............................................................................................HB 136 Sales and use tax; change certain definitions .........................................................HB 119 Sales and use tax; change certain definitions .........................................................HB 141 Sales and use tax; change certain definitions .........................................................HB 703 Sales and use tax; change certain definitions .........................................................HB 704 Sales and use tax; deduction of bad debts; authorize refunds
and deductions .....................................................................................................HB 362 Sales and use tax; deductions or refund amounts charged off private label
credit card or dealer credit programs; provide requirements.............................HB 1054 Sales and use tax; diesel fuel for locomotives; provide exemption........................HB 233 Sales and use tax; distribution of unidentifiable proceeds; limit
commissioner's authority .....................................................................................HB 228 Sales and use tax; educational purposes; only distributed on
basis of full-time equivalent student counts - CA .............................................HR 1150 Sales and use tax; energy for manufacturing; provide exemption ...........................HB 86 Sales and use tax; exemptions for certain items on specified dates;
provide ...............................................................................................................HB 1053 Sales and use tax; food and food ingredients; change exemption ..........................HB 103 Sales and use tax; food and food ingredients; change exemption - CA ...................HR 81 Sales and use tax; fuel for cooling refrigerated shipping containers;
provide exemption ...............................................................................................HB 547

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6466

INDEX

Sales and use tax; government contractor of overhead materials for a limited time; add exemption........................................................................HB 761
Sales and use tax; manufactured single-family structures; change imposing and collecting .......................................................................................HB 383
Sales and use tax; motor fuel tax; jet fuel and aviation gasoline allocated to maintaining public-use airports; provide - CA ..............................HR 1378
Sales and use tax; property sales for zoological renovation or expansion; extend exemption ..............................................................................HB 546
Sales and use tax; raffles conducted for certain nonprofit organizations; provide exemption .............................................................................................HB 1104
Sales and use tax; retailers under certain circumstances advertise to pay purchaser's tax on transaction; provide.....................................................HB 864
Sales and use tax; sales of program materials by certain organizations used by churches to provide youth sports activities; provide exemption ..........HB 1164
Sales and use tax; tax credit reduction for educational purposes; provide...............HB 34 Sales and use tax; tax credit reduction for educational purposes;
provide - CA ..........................................................................................................HR 12 Sales and use tax; twenty-five percent for transportation; provide - CA .................HR 13 Sales and use tax; use nine digit ZIP Codes; provide.............................................HB 115 Sales and use tax; variable rate of tax based on place of manufacture
of product sold; provide.....................................................................................HB 1246 Sales tax; distribution for educational purposes; change certain provisions..........HB 896 Taxation; nonresident subcontractor withholding payments;
change required percentage .................................................................................HB 932 Tourism and Community Development Act; enact................................................HB 377 Traffic Operations and School Safety Act of 2011; enact......................................HB 202 Water and sewer projects; costs tax; change a definition.......................................HB 507 Water and sewer; projects and costs tax; change a definition ................................HB 492
SANDY SPRINGS, CITY OF; executive and judicial officials; modify provisions...........................................................................................................HB 1291
SAVANNAH, CITY OF Chatham County; board of education; change description of districts...................HB 999 Chatham County; change the description of the education districts ...................... SB 481 Consider issuing bonds to support cruise ship terminal; urge................................HR 550 Georgia Film Commission; base in Savannah-Chatham; urge Governor ............HR 1165 Term of office of board of education president; revise provisions ........................HB 539

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6467

SCHOOL READINESS, OFFICE OF (Also, see Education) Day care centers; employees and directors; require satisfactory child protective services report..........................................................................HB 1220 Early care and education programs; influenza vaccine; provide information...........................................................................................................HB 845 Early care and learning; family day-care homes; revise limitation......................HB 1170
SCHOOLS (See Education)
SCOTLAND, CITY OF; provide for election of mayor and councilmembers .................................................................................................HB 1214
SCRAP METAL PROCESSORS Commerce and trade; secondary metals recyclers; provide comprehensive revision of provisions; security interests and liens; change certain provisions.............................................................................................................HB 872 Motor vehicles; cancellation of a certificate of title for scrap metal, dismantled or demolished trailers; provide...............................................HB 900 Scrap vehicles; change value; provisions ...............................................................HB 309 Secondary metals recyclers; comprehensive regulation of theft of regulated metal property; provide ...................................................................HB 888 Secondary Metal Recyclers; comprehensive revision of provisions...................... SB 321
SCREVEN COUNTY Board of commissioners; provide member elections .............................................HB 693 Board of Education; revise districts......................................................................HB 1029
SEARCHES AND SEIZURES Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ............................................................................................... SB 350 Firearms and weapons; carrying, possession and disposition; change provisions ................................................................................................HB 981 Privilege of witnesses; confidentiality of communications; provide .....................HB 656 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ................................. SB 40 Search warrants by video conference; what portion of video maintained; clarify ...............................................................................................HB 196
SECRETARY OF STATE Archives and History, Division of; law regarding Foundation of American Law and Government displays; revise provisions..........................HB 766 Foundations of American Law and Government Displays; revise provisions............................................................................................................. SB 424

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6468

INDEX

Music Therapists; require licensure by the Secretary of State; establishment of Music Therapy Advisory Group .............................................. SB 414
Public utilities and public transportation; telecommunications; revise and update certain provisions..................................................................HB 1115
SELLING AND OTHER TRADE PRACTICES Commerce and trade; secondary metals recyclers; provide comprehensive revision of provisions; security interests and liens; change certain provisions.............................................................................................................HB 872 Commerce/Trade; define unlawful lotteries with regard to promotions; revise definition ................................................................................................... SB 431 Commerce; provide incandescent light bulbs manufactured in Georgia not exported from the state shall not be subject to federal regulation................... SB 61 Fair Business Practices Act of 1975; oversight by administrator of certain telemarketing practices; provide........................................................HB 1132 False advertising; use of term "wholesale"; repeal prohibition................................HB 42 Georgia Lemon Law; consumer; define term.........................................................HB 205 Georgia Lemon Law; increase fee collected by new dealers from consumers; provisions.................................................................................HB 852 Georgia Lemon Law; increase the fee to be collected by new motor vehicle dealers from the consumer............................................................ SB 305 Secondary metals recyclers; comprehensive regulation of theft of regulated metal property; provide ...................................................................HB 888 Secondary Metal Recyclers; comprehensive revision of provisions...................... SB 321 Secondary metals recyclers; maintain delivery person fingerprints; require ..................................................................................................................HB 643 Selling; motorcycles, all-terrain, and utility vehicles; exempt from definition .....................................................................................................HB 217
SENATE Citizens' Redistricting Commission; create..........................................................HB 1139 General Assembly; Senate not more than 38 Senators and House not more than 120 Representatives as of January 1, 2015; provide - CA ...............HR 1610 Georgia Trauma Care Network Commission; report annually; House/Senate Committees on Health and Human Services; outcomes............... SB 489 House convened; notify Senate ............................................................................HR 1096 Senate Convened; notify House of Representatives............................................... SR 643 State Senate Districts; revise certain boundaries.................................................... SB 430
SENTENCE AND PUNISHMENT Crime Victims' Bill of Rights; fail to notify victim of parole; provide consequences .........................................................................................HB 639 Criminal procedure; sentencing of defendants; repeal certain provisions............HB 1311

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6469

Death penalty; imposition under certain circumstances; prohibit ........................HB 1211 Death penalty; repeal in this state.........................................................................HB 1168 Drivers' licenses; felony offense demarcated on license; provisions .......................HB 91 Georgia Crime Information Center; certain criminal records
restricted from public disclosure; provide ...........................................................HB 478 Pain-Capable Unborn Child Protection Act; enact...................................................HB 89 Probation/Parole Community Based Supervision, Department of; create;
change provisions ................................................................................................HB 620 Probation; prohibit first offender treatment for certain crimes
involving law enforcement officers ..................................................................... SB 231
SEXUAL OFFENSES Civil Practice; increase the tolling period for limitations for tort actions while a criminal prosecution is pending ........................................... SB 316 Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods ............................HB 895
SHERIFFS Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 County governing authorities; sheriffs and certain offices; provide nonpartisan elections............................................................................................HB 682 Courts; require marshals to notify protected persons upon the service of certain protective orders........................................................................ SB 52 Elections; nonpartisan election of sheriffs, district attorneys, and solicitor generals; provide..................................................................................................HB 270 Georgia Sheriffs' Cooperative Authority; create ..................................................HB 1141 Georgia Sheriffs' Cooperative Authority; create .................................................... SB 411 Honorary office of sheriff emeritus; qualifications; modify ..................................HB 376 Legal services for indigents; certain fees to fund accused; change provisions.............................................................................................................HB 648 Municipalities; law enforcement contracts; population brackets and census; change provisions...........................................................................HB 1026 Sheriffs; how vacancies are filled; change provisions ...........................................HB 991 State government; open meetings and records; revise provisions..........................HB 397 Sheriffs' Retirement Fund of Georgia; divorced member option to continue coverage; provisions .........................................................................HB 337 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities ................................................................................................................. SB 50
SOCIAL CIRCLE, CITY OF; School District; change description of education districts ................................................................................................HB 957

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6470

INDEX

SOCIAL SERVICES Certain public assistance; random drug testing for recipients; require ..................HB 698 Child abuse; mandatory reporting; expand.............................................................HB 529 Child abuse; state-wide reporting system; create ...................................................HB 633 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Day care centers; employees and directors; require satisfactory child protective services report..........................................................................HB 1220 Dental services; single administrator for Medicaid and PeachCare; provisions.............................................................................................................HB 187 Foster Children's Psychotropic Medication Monitoring Act; enact .........................HB 23 Georgia Medical Assistance Fraud Prevention Program; enact ............................... SB 63 Georgia Taxpayer Protection False Claims Act; enact...........................................HB 822 Georgia Vocational Rehabilitation Services Board; create ..................................HB 1146 Human Services, Department of; drug test administered to applicants for temporary assistance; create...........................................................................HB 668 Human Services, Department of; examine income tax records held by Department of Revenue; allow ...............................................................HB 966 Human Services, Department of; implement public assistance drug testing program; require ..............................................................................HB 699 Human Services, Department of; include Division of Rehabilitation Services................................................................................................................HB 831 Human Services, Department of; Title 49; repeal ....................................................HB 17 Insurance; policy coverage for telemedicine services; require...............................HB 609 Juvenile Justice Department; revise restrictions; possessions of contraband at juvenile detention centers ......................................................... SB 366 Medicaid; hearings and appeals; final decision of law judge; provide ..................HB 229 Medical assistance; lawfully qualified alien children and pregnant women; eligible....................................................................................................HB 345 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Public Assistance; applicants for food stamps and temporary assistance; require personal growth activities...................................................... SB 312 Public assistance; random drug testing of recipients; require ................................HB 464 Public funding of social services; religious or faith based organizations; allow - CA............................................................................................................HR 425 Social Responsibility and Accountability Act; enact .............................................HB 861 Social Responsibility and Accountability Act; enact; drug test; temporary assistance for needy families/Medicaid benefits; requirements .......................... SB 292 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642 Veterans Service Board; apply for certification for Georgia State War Veterans' Home to participate in medicare and Medicaid programs; require ................................................................................................................HB 1072

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6471

SOLAR ENERGY (Also, see Energy) Conservation use assessment; property use for solar energy not breach covenant; provide...............................................................................HB 564 Homeowners' Solar Bill of Rights; enact ...............................................................HB 686 Homeowners' Solar Bill of Rights; enact ...............................................................HB 961 Residential developers and builders; offer solar energy system install; urge ......................................................................................................................HR 693
SOUTHERN JUDICIAL CIRCUIT Southern Judicial Circuit; director of pretrial release program and other staff members make arrests and certain other powers; provide.........................HB 1304
SPALDING COUNTY Griffin-Spalding County Airport Authority Act; enact ........................................HB 1261 Magistrate Court; charge technology fee for each civil case filed and criminal fine imposed; authorize .......................................................................HB 1278 Probate Court; charge technology fee for each civil case filed; authorize ...........HB 1279 State Court; charge technology fee for each civil case filed and each criminal fine imposed; authorize .......................................................................HB 1280
SPORTS Education; athletic coaches; complete sports safety course prior to service; provide..............................................................................................HB 1045 Georgia World Congress Center Authority; use free market principles with any contracts or rights for a new Atlanta Falcons stadium; urge ..............HR 1871 High School Athletics Overview Committee; create .............................................HB 809 High School Athletics Overview Committee; create .............................................HB 836 Sales and use tax; sales of program materials by certain organizations used by churches to provide youth sports activities; provide exemption ..........HB 1164
SPRINGFIELD, CITY OF; provide new charter .................................................HB 1226
ST. MARYS, CITY OF; Oak Grove Cemetery Authority; create ........................HB 1188
STATE ACCOUNTING OFFICE State accounting office; accounting officer to pay state obligations to vendors within certain time period; direct.......................................................HB 989
STATE COURTS OF COUNTIES (Also, see Courts) Legal services for indigents; certain fees to fund accused; change provisions.............................................................................................................HB 648 Legal services for indigents; dedicate existing fees; provide - CA ........................HR 977

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6472

INDEX

STATE DEBT, INVESTMENT AND DEPOSITORIES State Financing and Investment Commission; give preference to in-state construction; provide ..........................................................................HB 433 State financing and investment; general obligation debt may only be used for purposes authorized by General Assembly; provide ................HB 951 State Road and Tollway Authority; abolish .............................................................HB 18
STATE EMPLOYEES Employees' Retirement System of Georgia; transfer service credit; provide .................................................................................................................HB 542 General Assembly; fiscal notes for bills changing compensation; change provisions ................................................................................................ SB 429 Georgia State Employees Pension and Savings Plan; transfer of accrued benefit; provide ..................................................................................HB 295 Health; designation of health information exchange; provisions ...........................HB 646 Insurance; provide a religious exception; requirement that every health benefit policy provide coverage for contraceptives .................................. SB 460 Judges and court employees; new employees not Retirement System of Georgia members; provide .................................................................HB 236 Local boards of education; health insurance benefits to certain former members; authorize..................................................................................HB 689 Official Code of Georgia; retirement and pensions; revise, modernize, and correct errors or omissions............................................................................HB 944 Retirement; employment of a retired teacher as a full-time teacher; change date of automatic repeal ..........................................................................HB 208 Retirement; method of calculating accrued benefits; Employees' Retirement System of Georgia and Teachers Retirement System of Georgia ............................................................................................................ SB 286 State employees; assist any agency in the execution of 50 U.S.C. Section 1541; prohibit.......................................................................................................HB 918 State Employees' Health Insurance Plan; provide that no health insurance plan for employees of the state shall offer coverage for abortion services............................................................................................. SB 438 State employees' health insurance; no plan shall offer certain drug coverage for erectile dysfunction; provide................................................HB 1234 State government; state employees reside in this state; require ...........................HB 1210 State Personnel Administration; make conforming amendments and correct references to abolition and transfer of certain functions to Department of Administrative Services ..........................................HB 805
STATE FLAG, SEAL AND OTHER SYMBOLS State purchasing; purchases without competitive bidding; change certain provisions.................................................................................................HB 863

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6473

STATE GOVERNMENT Administrative Procedure; provide for agency reports regarding federal government mandates and duplicate state/federal regulation.................. SB 428 Administrative Procedure; require agency procedures for timely processing; applications for issuance/renewal of licenses................................... SB 427 Administrative Services, Department of; public works construction contracts; provisions ............................................................................................HB 730 Budget reports; tax expenditure review; require certain items...............................HB 920 Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Community Affairs, Department of; Martin Luther King, Junior Advisory Council; create .......................................................................................HB 28 Community Affairs, Department of; qualified local government; repeal definition; provisions ................................................................................HB 260 Conservation and Natural Resources; certain civil penalties; exempt state agencies .......................................................................................................HB 131 Constitutional Tender Act; enact ................................................................................HB 3 Contracts and purchases by public schools; contractual and purchasing preferences for Georgia service providers; modify provisions ...........................HB 881 Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ............................................................................................... SB 350 Crimes and offenses; new crime of false lien statements against public officers; provide........................................................................................HB 997 Early Care and Learning, Department of; open records requirements; provide exemption ...............................................................................................HB 350 Economic Development Trust Fund; create - CA ..................................................HR 421 Economic Development, Department of; Division of Minority and Women's Business Development; create ....................................................HB 1241 Economic Development, Department of; Georgia Capital Acceleration Authority; create ..................................................................................................HB 718 Economic Development, Department of; Georgia Certified Retirement Community Program; create ...............................................................HB 76 Elections; provide for dates of nonpartisan elections; minimum number of members for local boards of election ................................................... SB 92 "Employees' Retirement System of Georgia Enhanced Investment Authority Act"; define certain terms relating to certain types of investments ...................................................................................................... SB 402 Ethics in Government Act; substantially revise .....................................................HB 798 Ethics in Government Act; substantially revise; rename Georgia Government Transparency and Campaign Finance Commission as the State Ethics Commission.........................................................................HB 1105 Excise tax; certain tobacco products; change certain provisions .........................HB 1071 Federal government; cease collection of motor fuel taxes in Georgia; urge........HR 1237

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6474

INDEX

Federal government; oppose state bailouts...........................................................HR 1094 General Assembly; authorize state entities to enter into multiyear
rental agreements; procedures, conditions, and limitations - CA.......................... SR 84 General Assembly; establish state-wide education policy; clarify
authority - CA ....................................................................................................HR 1335 General Assembly; state-wide education policy; clarify authority - CA .............HR 1162 Georgia Administrative Procedure Act; act pro se under certain
circumstances; clarify ............................................................................................HB 27 Georgia Buy American Act; enact..........................................................................HB 816 Georgia Commission on Family Economic Security; create .................................HB 458 Georgia Emergency Management Agency; licensing of nongovernmental
rescue organizations, groups, teams, search and rescue dog teams; eliminate .................................................................................................HB 1081 Georgia Film Commission; base in Savannah-Chatham; urge Governor ............HR 1165 Georgia General Assembly 2011 Session; House Bill 87; repeal provisions.............................................................................................................HB 796 Georgia Government Accountability Act; enact ....................................................HB 456 Georgia Government Accountability Act; establish; create Legislative Sunset Advisory Committee; authorize to review/evaluate state agencies', productivity, efficiency, and responsiveness ...................................... SB 223 Georgia Government Transparency and Campaign Finance Commission; rule making powers; provide.........................................................HB 889 Georgia Land Bank Act; governing creation/operation of land banks; provisions............................................................................................................. SB 284 Georgia Lottery Corporation; Board of Directors; approve use of video lottery terminals; urge..........................................................................HR 1640 Georgia Lottery Corporation; net proceeds equal 35 percent of lottery proceeds; require ..................................................................................HB 363 Georgia Procurement Registry; used for bids for public works contracts; provisions.............................................................................................................HB 650 Georgia Regional Mass Transit Act of 2012; enact .............................................HB 1200 Georgia Regional Transportation Authority; amend provisions; establish Transit Governance Council ...............................................................HB 1199 Georgia Sports Hall of Fame Authority; educational tourist attractions throughout state; provisions ...............................................................HB 448 Georgia Student Finance Commission; provide necessary data and information to assess whether HOPE scholarship is meeting desired results; urge ...........................................................................................HR 1564 Georgia Tax Tribunal; create..................................................................................HB 100 Georgia Transparency in Government Spending website; urge Georgia Department of Audits and Accounts to create .....................................HR 1163 Government; modify provisions; verification requirements, procedures, and conditions for applicants for public benefits ............................. SB 458

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6475

Hemophilia Advisory Board Act; enact .................................................................HB 378 HOPE grants; lower grade point average for maintaining eligibility;
provide .................................................................................................................HB 837 HOPE scholarship; dual credit enrollment courses treated equal
to advancement placement to determine eligibility; provide.............................HB 1207 HOPE scholarships and grants; purposes of eligibility; add
maximum annual household income requirement.............................................HB 1156 HOPE scholarships and grants; scholarship for attending out-of-state
institutions; provide ...........................................................................................HB 1237 HOPE scholarships and grants; Zell Miller Scholars at eligible
public postsecondary institutions; limit number................................................HB 1155 HOPE scholarships and grants; Zell Miller Scholar; revise definition ................HB 1147 HOPE scholarships and grants; Zell Miller Scholar; revise definition ................HB 1157 House Study Committee on State Properties; create ..............................................HR 363 Human Services, Department of; drug test administered to applicants
for temporary assistance; create...........................................................................HB 668 Insurance Commissioner; provide for confidentiality of certain records to
extend to state, federal and international regulatory law enforcement................ SB 385 Integrity in Public Proceedings Act; enact .............................................................HB 556 Joint Study Committee on State-Local Government Mandate Review;
create ....................................................................................................................HR 496 Jury Composition Reform Act of 2011; provide for a modernized
and uniform system of compiling, creating, maintaining, jury lists .................... SB 191 Lawful presence verification; postsecondary education; reserve benefits ...............HB 59 License Plates; require the nation's motto, "In God We Trust" printed on
license plates; county name decal........................................................................ SB 293 Local government; define "public works construction"; energy savings
performance contracts; does not change/conflict with any existing authority ............................................................................................................... SB 113 Local Government; electronic transmission of budgets; change certain definitions ................................................................................................ SB 381 Official Code of Georgia; revise, modernize and correct errors or omissions .........................................................................................................HB 942 Open and Public meetings; authorize all agencies to conduct meetings by teleconference under certain circumstances.................................... SB 176 Portable electronics insurance; issuance and regulation of limited licenses to sell; provide revision of provisions; English version of material controls resolution of dispute; provide certain state contracting and bidding requirements .......................................................HB 1067 Postsecondary education; reserve benefits to citizens and lawfully present and eligible aliens......................................................................................HB 25 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ................................. SB 40

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6476

INDEX

Public disclosure; government real estate purchase price; require...........................HB 38 Public utilities and public transportation; telecommunications;
revise and update certain provisions..................................................................HB 1115 Public utilities; voluntary portfolio standard goals for renewable
energy; provisions................................................................................................HB 515 Public utilities; voluntary portfolio standard goals for renewable
energy; provisions................................................................................................HB 516 Quality Basic Education Act; category-level expenditure controls
for staff development funds; provide...................................................................HB 936 Real Estate Professionals; provisions ..................................................................... SB 365 Revenue and taxation; revenue structure; comprehensive revision .......................HB 385 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Revenue and taxation; revenue structure; comprehensive revision .......................HB 387 Revenue and taxation; revenue structure; comprehensive revision .......................HB 388 Secondary metals recyclers; comprehensive regulation of theft
of regulated metal property; provide ...................................................................HB 888 State accounting office; accounting officer to pay state obligations
to vendors within certain time period; direct.......................................................HB 989 State Accounting Office; designate as the Comptroller General;
transfer the office ................................................................................................. SB 343 State Accounting Officer; contract with a third party to audit
state contracts; annual report ................................................................................... SB 8 State agencies; guaranteed energy savings performance contracts;
change certain provisions.....................................................................................HB 934 State Agencies; require reporting of federal funds received; provisions ...............HB 669 State Authority and Federal Tax Fund Act; enact ....................................................HB 20 State Board of Education; Governor's authority upon a recommendation;
revise provisions ..................................................................................................HB 859 State employees; assist any agency in the execution of 50 U.S.C. Section
1541; prohibit.......................................................................................................HB 918 State Financing and Investment Commission; give preference
to in-state construction; provide ..........................................................................HB 433 State financing and investment; general obligation debt may
only be used for purposes authorized by General Assembly; provide ................HB 951 State government; agencies state date when provisions become
applicable; provide.................................................................................................HB 50 State Government; Constitutional Guardian Advisory Council; create .................HB 670 State government; open meetings and records; revise provisions..........................HB 397 State government; pari-mutuel wagering on horse racing; provide .......................HB 467 State government; pari-mutuel wagering on horse racing; provide .....................HB 1305 State Government; provide state immunity extend to certain
health care providers; engaged in graduate medical programs in Georgia medical facilities ................................................................................ SB 506

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INDEX

6477

State Government; require this state to reciprocate the preferences granted by out-of-state local governments; resident vendors.............................. SB 358
State government; state employees reside in this state; require ...........................HB 1210 State government; support nuclear and renewable energy; urge............................HR 510 State health planning and development; correctional long-term
care facility; provide definition ...........................................................................HB 919 State of Georgia; pursue desalination technology; urge.......................................HR 1677 State Personnel Administration; abolish; transfer certain functions
to Department of Administrative Services ..........................................................HB 642 "State Properties Code" multiyear lease agreements; provide
for fiscal policies to be adopted by the General Assembly .................................. SB 37 State properties code; disposition of state property; revise certain
provisions.............................................................................................................HB 968 State purchasing; business owned by disabled veterans; provide
preference.............................................................................................................HB 395 State purchasing; certain contracting and bidding requirements; provide .............HB 329 State Purchasing; provide certain multiple award schedule contracts
for purchase of equipment for commercial use applications............................... SB 492 State purchasing; purchases without competitive bidding; change
certain provisions.................................................................................................HB 863 State Road and Tollway Authority; abolish .............................................................HB 18 State; no private property shall be alienated to any other state; exercise of
state sovereignty/jurisdiction without consent of General Assembly ................... SB 62 State-funded higher-learning institutions; establish recycling
and waste management; urge.............................................................................HR 1874 Submerged Cultural Resources; permits; authorization to contract
for investigation, survey; change certain provisions ........................................... SB 362 The Small Business Assistance Act of 1975; definitions relative
to small business assistance; change certain provisions......................................HB 854 Tourism Marketing Act of 2012; enact ................................................................HB 1274 Transparency and Accountability in Government Act; enact ................................HB 188
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PRINTING AND DOCUMENTS Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ............................................................................................... SB 350 Early Care and Learning, Department of; open records requirements; provide exemption ...............................................................................................HB 350

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6478

INDEX

"Employees' Retirement System of Georgia Enhanced Investment Authority Act"; define certain terms relating to certain types of investments ...................................................................................................... SB 402
Georgia Land Bank Act; governing creation/operation of land banks; provisions............................................................................................................. SB 284
Insurance Commissioner; provide for confidentiality of certain records to extend to state, federal and international regulatory law enforcement................ SB 385
Public disclosure; government real estate purchase price; require...........................HB 38 Rules of the road; driver meet or overtake school bus; enforce
by video images; provide.....................................................................................HB 254 State government; open meetings and records; revise provisions..........................HB 397
STATE PROPERTY (See Public Property)
STEPHENS COUNTY; board of education; change description of districts...............................................................................................................HB 1295
STEWART COUNTY Board of Commissioners; change description of the commissioner districts................................................................................................................. SB 304 Board of Education of; reconstitute the board of education................................... SB 303 Lower Chattahoochee Regional Transportation Authority Act; enact ...................HB 604
STILLMORE, CITY OF; staggered terms for members of city council; provide ...............................................................................................................HB 1092
STOCKBRIDGE, CITY OF; form of government; change provisions ................. SB 189
SUPERIOR COURT CLERKS RETIREMENT FUND (Also, see Retirement)
Superior Court Clerks' Retirement Fund; certain employee contribution; reduce...................................................................................................................HB 521
Superior Court Clerks' Retirement Fund; death benefit for members; provide .................................................................................................................HB 424
Superior Court Clerks' Retirement Fund; employee contribution; reduce .............HB 645 Superior Courts; remove provisions relating to accused consenting
to alternate location for session of court; add certain fees to list of priorities....................................................................................................... SB 50

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INDEX

6479

SUPERIOR COURTS (Also, see Courts) Civil practice; who may serve process; change provisions; superior court clerks; provide for filing fees for applications for certified process servers ...................................................................................................HB 1048 Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Elections; add one percent judicial qualifying fee to fund the Commission; provide...........................................................................................HB 262 Judicial circuits; superior court judge for certain populations; repeal supplemental expense allowance ..............................................................HB 930 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists .................... SB 191 Legal services for indigents; certain fees to fund accused; change provisions.............................................................................................................HB 648 Legal services for indigents; dedicate existing fees; provide - CA ........................HR 977 Piedmont Judicial Circuit; superior court judgeship; create...................................HB 762 Superior court clerks; real estate or personal property filing fees; remove sunset date............................................................................................................HB 198 Superior Courts; increase penalties that can be imposed for contempt of court ................................................................................................. SB 107 Superior Courts; provide additional judge of the Bell-Forsyth and Piedmont Judicial Circuits; initial appointment; election and term of office .................................................................................................................... SB 356 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities....................................................................................................... SB 50
SUPREME COURT (Also, see Courts) Courts; judicial decisions binding; remove - CA .......................................................HR 5 Georgia Supreme Court Chief Justice Carol W. Hunstein; Georgia is republic, not democracy; inform......................................................................HR 340 Joint session; message from Chief Justice of the Supreme Court ........................HR 1098

T
TALBOT COUNTY Board of Commissioners; change description of districts ....................................HB 1076 Board of Education; revise districts......................................................................HB 1077

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6480

INDEX

TATTNALL COUNTY Board of commissioners; change description of districts.....................................HB 1240 Board of education; change description of districts .............................................HB 1239 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873
TAXATION AND REVENUE Ad valorem property tax; not include nontax fees or assessments; provide ..........HB 291 Ad valorem tax exemptions; revise a definition.....................................................HB 289 Ad valorem tax; certain activities not breach conservation use covenant; provide .................................................................................................................HB 660 Ad valorem tax; freeport exemptions; revise and change certain provisions...............................................................................................................HB 48 Ad valorem tax; population brackets and census; change provisions ....................HB 634 Ad valorem tax; property; change certain definitions ............................................HB 118 Ad valorem tax; property; change certain definitions ............................................HB 140 Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions...................................................................HB 996 Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions.................................................................HB 1056 Ad valorem taxation; preferential assessment of brownfield property; extend under certain circumstances .....................................................HB 994 Ad valorem taxation; property; change certain definitions ....................................HB 794 Administrative provisions; interest rate for past due tax refunds; change provisions ................................................................................................HB 353 Alcoholic beverages; licenses; change certain provisions....................................HB 1066 Alcoholic beverages; tax payment and reporting by licensees; change certain provisions...................................................................................HB 1065 Bona fide conservation use property; covenants; change certain qualifications and restrictions ..............................................................................HB 916 Budget Act; zero-base budgeting; provide ...............................................................HB 33 Budget reports; tax expenditure review; require certain items...............................HB 920 Business and occupation tax; infrastructure fee of $2.00 on purchase of any ticket for events where more than 2,000 tickets available for retail sale; impose .........................................................................HB 1153 Business and occupation taxes; corporate net worth tax; repeal ............................HB 355 Cemetery and funeral services; modify provisions relating to funeral directors and cemeterians; preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program ..............HB 933 Cigar and cigarette tax; change certain definitions ................................................HB 152 Coin operated amusement machines; change certain definitions...........................HB 213 Coin operated amusement machines; limit on number allowed at location; exception ...........................................................................................HB 462

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INDEX

6481

Commerce/Trade; define unlawful lotteries with regard to promotions; revise definition ................................................................................................... SB 431
Commissioner of Revenue; disclose whether person filed state tax return; authorize .............................................................................................HB 647
Conservation use assessment; property use for solar energy not breach covenant; provide...............................................................................HB 564
County Boards of Education; homestead option sales and use tax; county sales and use tax for educational purposes; delay effective date of Code section.............................................................................. SB 412
County Sales/Use Tax; expand the matters included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds ............................................................................................................... SB 332
Development Authority Jobs Assistance Act of 2011; enact .................................HB 320 Economic Development Trust Fund; create - CA ..................................................HR 421 Estate tax; change certain definitions .....................................................................HB 190 Excise tax; certain tobacco products; change certain provisions .........................HB 1071 Excise tax; motor vehicle rental; change certain definitions..................................HB 169 Excise tax; rooms, lodgings, and accommodations; change certain
definitions ............................................................................................................HB 150 Federal government; cease collection of motor fuel taxes in Georgia; urge........HR 1237 Fiscal impact standards; tax exemption or credit amendment;
require comply - CA ............................................................................................HR 422 Food Standards; to require proper labeling of bottles containing
sugar cane or sorghum syrup ............................................................................... SB 300 Georgia Land Bank Act; governing creation/operation of land banks;
provisions............................................................................................................. SB 284 Georgia Public Revenue Code; alleged tax liability; property seizure;
provisions...............................................................................................................HB 56 Georgia Public Revenue Code; extensively revise provisions;
ad valorem tax assessments and appeals from such assessments........................ SB 234 Georgia Tax Tribunal; create..................................................................................HB 100 Georgia Tourism Development Act; Department of Community Affairs;
refund sales tax for tourism attractions; authorize.............................................HB 1050 Georgia Tourism Development Act; enact.............................................................HB 321 Human Services, Department of; examine income tax records
held by Department of Revenue; allow ...............................................................HB 966 Income tax credit; certain commercial geothermal heat pumps; include ...............HB 818 Income tax credit; certain contributions to public schools; provide.....................HB 1073 Income tax credit; certain trucks and taxis fueled by natural gas; provide ............HB 890 Income tax credit; certain volunteer firefighters; provide ......................................HB 873 Income tax credit; clean energy property; revise and change ................................HB 146 Income tax credit; energy costs for certain families; provide ................................HB 834

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6482

INDEX

Income tax credit; transfer, devise, and distribute unused conservation credits; provide ....................................................................................................HB 222
Income tax credits; business enterprises located in less developed areas designated by tiers; provide........................................................................HB 868
Income tax credits; low-emission vehicles; change definition...............................HB 404 Income tax credits; qualified businesses and limitations; revise provisions ..........HB 403 Income tax payment; de minimis overpayments and insufficiencies;
provisions.............................................................................................................HB 133 Income tax payments and withholding; tax compensation to
entertainers and athletes; provide ........................................................................HB 532 Income tax returns; contributions to Georgia's Pre-K Program; authorize ............HB 406 Income tax; allow certain fiduciaries an exception to the requirement of
paying estimated taxes; change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations ..........................................................................................................HB 965 Income tax; certain volunteer firefighters; provide tax credit ..................................HB 61 Income tax; change certain definitions...................................................................HB 120 Income tax; change certain definitions...................................................................HB 139 Income tax; citizenship expenses for low-income families; provide credit ...........HB 578 Income tax; federal reserve banks in Georgia not exempt; provide.........................HB 19 Income tax; film, video, or digital productions; revise credit ................................HB 392 Income tax; individual standard deductions; revise provisions..............................HB 354 Income tax; job tax credit; change certain definitions; tax credit for film or video production in Georgia; change certain provisions .................HB 1027 Income tax; levy or collection; prohibit ...................................................................HB 13 Income tax; qualified reforestation expenses; provide credit.................................HB 621 Income tax; taxable nonresident; change definition ...............................................HB 531 Income tax; withholding tax on taxable income of nonresident members of certain associations; change certain provisions ...............................HB 967 Intangible tax; population brackets and census relative to commission on collection of taxes; change certain provisions ..............................................HB 1094 Joint authorities; modify job tax credit received; revise investment tax credits.............................................................................................................HB 384 Levy/Sale of Property; change the amount of certain exemptions......................... SB 117 Local boards of education; counties with homestead option tax; provide requirements...........................................................................................................HB 63 Local option sales tax proceeds; annual reporting of expenditures; expand matters .....................................................................................................HB 814 Local option sales tax; distribution of tax proceeds; change provisions ..............HB 1169 Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors ...........................................................................HB 1052 Motor fuel and road tax; change certain definitions...............................................HB 151

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INDEX

6483

Motor fuel tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ................................HB 743
Motor fuels sales tax; appropriated to provide public-use airports; provide - CA ........................................................................................................HR 419
Motor vehicle taxation; comprehensive revision ...................................................HB 259 Motor vehicles; temporary license plates; modify provisions................................HB 985 Municipal taxation; certain contracts to access taxes; provide limitations ............HB 715 Official Code of Georgia; revise, modernize and correct errors
or omissions .........................................................................................................HB 942 Pawnbrokers; provide limitations regarding certain fees or taxes;
transactions .......................................................................................................... SB 379 Payment of taxes; population bracket under 2010 census; update .........................HB 407 Property taxes; any governmental entity; abolish - CA..............................................HR 1 Protecting Public School Funds Act; enact ............................................................HB 312 Public transit authorities; suspension of restrictions on use of annual
proceeds from sales and use taxes; MARTA; repeal certain provisions ...........HB 1051 Qualified education tax credit; subject to offset; broaden types
of tax liability.......................................................................................................HB 862 Regional transportation projects; create special transportation
districts for funding - CA...................................................................................HR 1350 Revenue and tax; change certain provisions...........................................................HB 211 Revenue and tax; coin operated amusement machines; revise
and add definitions...............................................................................................HB 164 Revenue and tax; local option tax for economic development; provisions..............HB 73 Revenue and tax; prepaid state and local consumables; change
multiple provisions ..............................................................................................HB 178 Revenue and taxation; assessing real property .........................................................HB 31 Revenue and taxation; census tract having at least 45% poverty
rate deemed eligible for tier one county tax treatment; provide..........................HB 747 Revenue and taxation; income tax; change certain definitions ............................HB 1032 Revenue and taxation; income tax; change certain definitions ............................HB 1033 Revenue and taxation; Internal Revenue and Internal Revenue Code of
1986; define terms; clarify certain definitions relating to sales and use tax.........................................................................................................................HB 729 Revenue and taxation; limit property valuation increases; provide moratorium...........................................................................................................HB 381 Revenue and taxation; revenue structure; comprehensive revision .......................HB 385 Revenue and taxation; revenue structure; comprehensive revision .......................HB 386 Revenue and taxation; revenue structure; comprehensive revision .......................HB 387 Revenue and taxation; revenue structure; comprehensive revision .......................HB 388 Revenue and taxation; sales and use tax; change certain definitions ...................HB 1034 Revenue and taxation; sales and use tax; change certain definitions ...................HB 1035

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6484

INDEX

Revenue and taxation; sales and use tax; change certain definitions ...................HB 1036 Revenue Shortfall Reserve; enact - CA....................................................................HR 11 Revenue, Department of; change certain provisions ..............................................HB 212 Revenue, Department of; no audit shall be conducted after three years
following the filing of sales and use tax return or report....................................... SB 21 Revenue, Department of; sponsorship for certain additional
services for the benefit of taxpayers; provide....................................................HB 1162 Revenue, Department of; various administrative and procedural
requirements; change ...........................................................................................HB 846 Revenue; sales and use tax; change certain definitions..........................................HB 993 Sales and use tax exemption; food and beverages; provide partial
suspension............................................................................................................HB 287 Sales and use tax exemptions; certain nonprofit volunteer health clinics;
extend...................................................................................................................HB 317 Sales and use tax exemptions; certain qualified job training organization;
provide .................................................................................................................HB 331 Sales and use tax exemptions; disaster relief food donations; extend....................HB 333 Sales and use tax exemptions; donated food for hunger relief; extend ..................HB 318 Sales and use tax exemptions; food and beverages to food bank; extend ..............HB 334 Sales and use tax exemptions; natural or artificial gas for manufacturing;
provide .................................................................................................................HB 366 Sales and use tax exemptions; nonprofit health centers, clinics, and food
banks; extend .......................................................................................................HB 319 Sales and use tax exemptions; personal property to certain nonprofit
health centers; provide .........................................................................................HB 379 Sales and use tax exemptions; qualified job training organizations;
provide .................................................................................................................HB 359 Sales and use tax exemptions; sales to qualified job training
organizations; provide..........................................................................................HB 306 Sales and use tax; aircraft used for spraying agricultural crops;
provide exemption .............................................................................................HB 1055 Sales and Use Tax; allow certain taxes to be imposed at a rate
of less than one percent........................................................................................ SB 395 Sales and use tax; Article five relating to a transportation tax;
repeal and reenact ................................................................................................HB 938 Sales and use tax; authorize without all independent school
participation; allow - CA .....................................................................................HR 761 Sales and use tax; certain school supplies, clothing, and computers;
provide exemption ...............................................................................................HB 136 Sales and use tax; change certain definitions .........................................................HB 119 Sales and use tax; change certain definitions .........................................................HB 141 Sales and use tax; change certain definitions .........................................................HB 703 Sales and use tax; change certain definitions .........................................................HB 704

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6485

Sales and use tax; deduction of bad debts; authorize refunds and deductions .....................................................................................................HB 362
Sales and use tax; deductions or refund amounts charged off private label credit card or dealer credit programs; provide requirements.............................HB 1054
Sales and use tax; diesel fuel for locomotives; provide exemption........................HB 233 Sales and use tax; distribution of unidentifiable proceeds; limit
commissioner's authority .....................................................................................HB 228 Sales and use tax; educational purposes; only distributed on
basis of full-time equivalent student counts - CA .............................................HR 1150 Sales and use tax; energy for manufacturing; provide exemption ...........................HB 86 Sales and use tax; exemptions for certain items on specified dates;
provide ...............................................................................................................HB 1053 Sales and use tax; food and food ingredients; change exemption ..........................HB 103 Sales and use tax; food and food ingredients; change exemption - CA ...................HR 81 Sales and use tax; fuel for cooling refrigerated shipping containers;
provide exemption ...............................................................................................HB 547 Sales and use tax; government contractor of overhead materials
for a limited time; add exemption........................................................................HB 761 Sales and use tax; manufactured single-family structures; change
imposing and collecting .......................................................................................HB 383 Sales and use tax; motor fuel tax; jet fuel and aviation gasoline
allocated to maintaining public-use airports; provide - CA ..............................HR 1378 Sales and use tax; property sales for zoological renovation or expansion;
extend exemption.................................................................................................HB 546 Sales and use tax; raffles conducted for certain nonprofit organizations;
provide exemption .............................................................................................HB 1104 Sales and use tax; retailers under certain circumstances advertise
to pay purchaser's tax on transaction; provide.....................................................HB 864 Sales and use tax; sales of program materials by certain organizations
used by churches to provide youth sports activities; provide exemption ..........HB 1164 Sales and use tax; tax credit reduction for educational purposes; provide...............HB 34 Sales and use tax; tax credit reduction for educational purposes;
provide - CA ..........................................................................................................HR 12 Sales and use tax; twenty-five percent for transportation; provide - CA .................HR 13 Sales and use tax; use nine digit ZIP Codes; provide.............................................HB 115 Sales and use tax; variable rate of tax based on place of manufacture
of product sold; provide.....................................................................................HB 1246 Sales tax; distribution for educational purposes; change certain provisions..........HB 896 Setoff debt collection; debts owed to public housing authorities; authorize..........HB 450 Solid waste management; authorization to enforce collection
of taxes, fees, or assessments; repeal provisions .................................................HB 893

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6486

INDEX

Solid waste management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grave period for buyers of property ...................................................................HB 1102
State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ..........................................................HB 642
"State Properties Code" multiyear lease agreements; provide for fiscal policies to be adopted by the General Assembly .................................. SB 37
Student scholarship organizations; education income tax credit; revise provisions ..................................................................................................HB 369
Tax allocation; communications services tax; directly to counties - CA ...............HR 420 Tax Amnesty Program Act; additional amnesty periods; provisions.......................HB 29 Tax commissioner; present tax returns of the county; repeal population
exception............................................................................................................HB 1209 Tax credit; research and development by business enterprise; remove
limitations ............................................................................................................HB 412 Tax credits for job creation; earned for prior year; provide ...................................HB 595 Tax credits for job creation; earned for prior year; provide ...................................HB 596 Tax executions; issuance; change certain provisions .............................................HB 170 Tax on tobacco products; cigar tax through use of stamps; provisions..................HB 480 Tax sales; tax levies and executions; change certain provisions............................HB 191 Taxation of intangibles; rates charged by collecting officers;
change certain requirements ................................................................................HB 851 Taxation of intangibles; real estate transfer tax; change certain provisions...........HB 210 Taxation; actuarial investigation and legislative procedures
for review and perfection of all bills proposing tax exemptions; provide.........HB 1062 Taxation; exclusion to certain income of certain disabled veterans;
provide .................................................................................................................HB 808 Taxation; income received as retirement benefits from military
service not subject to state income tax; provide ................................................HB 1194 Taxation; nonresident subcontractor withholding payments;
change required percentage .................................................................................HB 932 Taxation; unreturned property; eliminate population provisions;
provide penalties ................................................................................................HB 1165 Taxes; imposed on cigars from January 1, 2013; collected through
use of stamps; provisions.....................................................................................HB 826 Taxpayer Dividend Amendment of 2012; enact - CA............................................HR 342 Taxpayer Protection Amendment of 2011; provide for limitations
on state government taxation and expenditures - CA............................................ SR 20 The Ad Valorem Tax Assessment Limit Amendment; enact - CA..........................HR 10 Tourism and Community Development Act; enact................................................HB 377 Traffic Operations and School Safety Act of 2011; enact......................................HB 202

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INDEX

6487

Transportation, Department of; mandatory appropriation of fuel tax funds carried from one fiscal year to next; provide................................HB 806
United States Congress; pass legislation on digital commerce; urge ...................HR 1119 Water and sewer projects; costs tax; change a definition.......................................HB 507 Water and sewer; projects and costs tax; change a definition ................................HB 492
TEACHERS (See Education)
TEACHERS RETIREMENT SYSTEM (Also, see Retirement) Georgia Charter Schools Commission; exclude Retirement System membership; provisions ..........................................................................HB 664 Georgia State Employees Pension and Savings Plan; transfer of accrued benefit; provide ..................................................................................HB 295 Regents Retirement Plan; participation revocable at will; provisions....................HB 593 Retirement; employment of a retired teacher as a full-time teacher; change date of automatic repeal ..........................................................................HB 208 Retirement; method of calculating accrued benefits; Employees' Retirement System of Georgia and Teachers Retirement System of Georgia ............................................................................................................ SB 286 State Personnel Administration; make conforming amendments and correct references to abolition and transfer of certain functions to Department of Administrative Services ..........................................HB 805
TELEPHONE AND TELEGRAPH SERVICE Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; change applicability and requirements; change certain definitions...................HB 1049 Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; eliminate Advisory Committee..........................................................................HB 1080 Public Service Commission; procedure for issuance stocks, bonds, notes; provide exemption from those procedures under certain circumstances............................................................................................. SB 32 Public utilities and public transportation; telecommunications; revise and update certain provisions..................................................................HB 1115 Service suppliers; information registered by suppliers supporting 9-1-1 system; modify provisions...................................................................................HB 304 Universal Access Fund; duration and amount of certain distributions made; establish limitations...................................................................................HB 855 Universal Access Fund; showing contributions on customers' bills; provide requirements ...........................................................................................HB 332

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6488

INDEX

TELFAIR COUNTY Board of Commissioners; change description of districts ....................................HB 1003 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
TERRELL COUNTY Board of Commissioners; change description of districts ......................................HB 777 Board of Education; change description of districts...............................................HB 833
THEFT OFFENSES Civil Practice; increase the tolling period for limitations for tort actions while a criminal prosecution is pending ........................................... SB 316 Crimes and offenses; removal of shopping carts and required posting of Code section in stores and markets; change provisions ...................HB 1093 Criminal sale of recorded material; display official rating on video movies; require...........................................................................................HB 504 Residential mortgage fraud; mortgage lending process; revise definition .............HB 237 Theft; removal of shopping carts; change provisions...............................................HB 44
THOMAS COUNTY Board of Commissioners; change description of the commissioner districts; definitions and inclusions ..................................................................... SB 363 Board of Education; change the description of the education districts; definitions and inclusions .................................................................................... SB 306
THOMASTON, CITY OF; Coach Jim Cavan Memorial Parkway; Upson County; dedicate ..................................................................................................HR 584
THOMSON, CITY OF; city council; change description of election districts.................................................................................................................HB 927
TIFT COUNTY Board of Commissioners; reapportion districts ......................................................HB 791 Board of Education; change description of districts...............................................HB 790
TOBACCO AND TOBACCO RELATED PRODUCTS Cigar and cigarette tax; change certain definitions ................................................HB 152 Revenue and tax; prepaid state and local consumables; change multiple provisions ..............................................................................................HB 178
TOCCOA, CITY OF; levy an excise tax ..............................................................HB 1296

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INDEX

6489

TOOMBS COUNTY Board of Commissioners; reconstitute the board of commissioners ...................... SB 354 Board of Education; change the description of the education districts .................. SB 519
TORTS Damages; reduction of earnings to present value; change provisions....................HB 658 Dangerous and vicious dogs; injury and damage liability; define .........................HB 148 Health care facilities; regulation and licensing of assisted living communities; provide ..........................................................................................HB 405 Homicide; offering to assist in commission of suicide; repeal certain provisions; prohibit assisted suicide ......................................................HB 1114 Insurance; procedure relative to claimant's offers to settle tort claims involving liability policies; provide .......................................................HB 1175 Local government; define "public works construction"; energy savings performance contracts; does not change/conflict with any existing authority........................................................................................... SB 113 Timber; unauthorized cutting and carrying away; change provisions....................HB 135 Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child.................................... SB 210
TOURISTS Georgia Tourism Development Act; Department of Community Affairs; refund sales tax for tourism attractions; authorize ...............................HB 1050 Tourism Marketing Act of 2012; enact ................................................................HB 1274
TRADE (See Commerce and Trade)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries)
Commercial vehicles; dimension and weight load requirements for emergency tows; provide exception...............................................................HB 793
Georgia Sports Hall of Fame Authority; educational tourist attractions throughout state; provisions ...............................................................HB 448
Local government; define "public works construction"; energy savings performance contracts; does not change/conflict with any existing authority........................................................................................... SB 113
State Road and Tollway Authority; abolish .............................................................HB 18 Toll extensions; no tolls on projects free from interest on public
indebtedness; provide ..........................................................................................HB 352 Transportation, Department of; mandatory appropriation of
fuel tax funds carried from one fiscal year to next; provide................................HB 806 Transportation, Department of; power to contract; amend limitations ..................HB 817 Transportation, Department of; prioritize certain projects; urge............................HR 879

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6490

INDEX

Vehicle permits; changes to requirements; allow multitrip permits.......................HB 487 Vehicles and loads; maximum weights; allow a variance......................................HB 301 Vehicles; commercial wreckers exceeding maximum weight
for vehicles on highway system when conducting emergency tow; provide annual permits ................................................................................HB 835
TREUTLEN COUNTY Board of Commissioners; change description of districts ....................................HB 1286 Board of Education; change description of districts.............................................HB 1287
TRION, TOWN OF; provide new charter.............................................................HB 1118
TROUP COUNTY Airport Authority; change membership of authority............................................HB 1063 Board of Commissioners; change description of districts ......................................HB 701 Board of Education; change description of districts...............................................HB 702 Create board of elections and registration; powers and duties ............................... SB 520
TURNER COUNTY Board of commissioners; change the description of the commissioner districts................................................................................................................. SB 528 Board of education; change the description of the education districts................... SB 527
TWIGGS COUNTY Board of Education member compensation; change provisions ............................HB 572 Deputy Richard Daniels Memorial Bridge; dedicate ...........................................HR 1542 State highway system; dedicate certain portions..................................................HR 1177

U
UNIFORM RULES OF THE ROAD Bicycles; operation on sidewalks; authorize local governments..............................HB 71 Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits........................ SB 236 Drivers; only hands-free communications devices in motor vehicles; provide ...................................................................................................................HB 67 Driving under the influence; clinical evaluation; modify provisions...................HB 1136 Driving Under the Influence; convicted have ignition interlock device installed; require .......................................................................................HB 435 Limited driving permits; certain offenders; allow issuance .....................................HB 26 Motor vehicles; carry stacked ladders more than three high in rack; prohibit.................................................................................................................HB 519
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6491

Motor vehicles; leave safe distance between vehicle and bicycle when passing; require ..........................................................................................HB 180
Motor vehicles; personal transportation vehicles; create new class.......................HB 328 Motorcycles; certain traffic regulations; provide ...................................................HB 161 Prosecuting Attorneys; provide; probate courts, municipal courts, and
courts exercising municipal court jurisdiction; process of such employment ......................................................................................................... SB 352 Restoration of licenses; certified driver improvement programs for purposes of completing certain probation requirements; require ................HB 1137 Rules of the Road; dedicate the Georgia Move-Over law in memory of Spencer Pass...................................................................................... SB 168 Rules of the road; driver meet or overtake school bus; enforce by video images; provide.....................................................................................HB 254 Rules of the Road; provide driving under influence of alcohol/drugs by illegal alien is a felony ......................................................................................... SB 162 Traffic offenses; driving under the influence; first time conviction; require ignition interlock device..........................................................................HB 427 Traffic offenses; expungement of conviction for driving under the influence under certain circumstances; provide.............................................HB 799 Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ................................................................................................HB 827 Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ................................................................................................HB 828
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY Board of commissioners; change description of districts.......................................HB 910 Coach Jim Cavan Memorial Parkway; dedicate.....................................................HR 584
USED MOTOR VEHICLE DEALERS AND PARTS Secondary Metal Recyclers; comprehensive revision of provisions...................... SB 321

V
VALDOSTA, CITY OF; Southside Church of Christ; 60th anniversary; recognize............................................................................................................HR 1248

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6492

INDEX

VERDICT AND JUDGMENT American Laws for Georgia Courts Act; enact ......................................................HB 242 Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors......................HB 665 Property; showing of fair market value to obtain judgment on deed to secure debt or mortgage prior to foreclosure; provide..........................HB 1047
VETERANS AFFAIRS; DEPARTMENT OF VETERANS SERVICE Disabled veterans; free license plates and revalidation decals; sixty percent disabled; allow ...............................................................................HB 695 Disabled veterans; free license plates and revalidation decals; total or partial disability; provide ........................................................................HB 696 Health care facilities; regulation and licensing of assisted living communities; provide ..........................................................................................HB 405 Motor vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates .......................................................................................................HB 732 Special license plates; Operation Enduring Freedom and Operation Iraqi Freedom veterans; provide..........................................................................HB 128 Special license plates; veterans and service members awarded certain distinguished service metals of honor; provide .......................................HB 866 Taxation; exclusion to certain income of certain disabled veterans; provide .................................................................................................................HB 808 Veterans Service Board; apply for certification for Georgia State War Veterans' Home to participate in medicare and Medicaid programs; require...............................................................................HB 1072 War veterans homes; Veterans Service Board establish residency fee; authorize...............................................................................................................HB 535
VETERINARIANS AND VETERINARY TECHNICIANS Veterinarians; application for license; revise provisions........................................HB 409 Veterinary Medicine; provide an additional exemption ......................................... SB 324
VITAL RECORDS Adoption; issuance of copy of an original birth certificate to certain adult persons; provide..............................................................................HB 748
VOTING (See Elections)

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INDEX

6493

W
WAGES; MINIMUM WAGE LAW Minimum wage law; comprehensive reform of provisions......................................HB 97
WALKER COUNTY Commissioner of Roads/Revenues; modernize, update; elections, runoffs, expenses, county attorney; revise provisions....................................................... SB 525 State highway system; dedicate certain portions..................................................HR 1177
WALTON COUNTY Board of Commissioners; change description of districts ......................................HB 737 Board of Education; change provisions to districts................................................HB 738
WARE COUNTY Board of Education; change the description of the education districts .................. SB 393 Citizens right to address commissioners; provide ..................................................HB 624 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Performance audits as condition to make payments; provide ................................HB 626 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties......................................................................... SR 873 Satilla Regional Water and Sewer Authority; members to be elected for unlimited consecutive terms; allow .................................................HB 1281 Sergeant Jerry Bagley Memorial Bridge; dedicate.................................................HR 457 State highway system; dedicate certain portions..................................................HR 1177
WARREN COUNTY; Board of Education; change description of districts...........HB 947
WASHINGTON COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376 Veal - Solomon Highway; dedicate........................................................................HR 618
WASHINGTON, CITY OF; change description of council districts ...................HB 1277
WASTE MANAGEMENT Commerce and trade; deposit on beverage containers; recycling; provide..............HB 51 Georgia Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act; enact .....................................................................................................................HB 657 Solid waste management; authorization to enforce collection of taxes, fees, or assessments; repeal provisions .................................................HB 893

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6494

INDEX

Solid waste management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grave period for buyers of property ...................................................................HB 1102
State-funded higher-learning institutions; establish recycling and waste management; urge.............................................................................HR 1874
Tire disposal restrictions; certain persons transporting scrap tires to be paid after delivery is complete; provide..............................................HB 915
Trust funds administration; hazardous, solid waste management; create - CA ...........................................................................................................HR 585
Waste management; nonlapsing trust fund; create provisions - CA ......................HR 112 Waste Management; restrictions on municipal solid waste landfill
sites within significant ground-water recharge areas; provisions........................ SB 110
WATER RESOURCES Agricultural Water Supply Protection Act; enact...................................................HB 368 Agriculture and water resources; Agricultural Water Conservation Incentive Program; change provisions.................................................................HB 499 Conservation and Natural Resources; certain civil penalties; exempt state agencies .......................................................................................................HB 131 Conservation and Natural Resources; occupying live-aboards; repeal provisions ................................................................................................HB 1064 Conservation and Natural Resources; permits for interbasin transfers only be granted as last resort; require ...................................................HB 984 Natural Resources; provide for an extension of the automatic repeal of Code Section 12-5-9 ............................................................................. SB 369 Public utilities; voluntary portfolio standard goals for renewable energy; provisions................................................................................................HB 515 Public utilities; voluntary portfolio standard goals for renewable energy; provisions.............................................................................................................HB 516 Solid waste management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grave period for buyers of property ...................................................................HB 1102 State of Georgia; pursue desalination technology; urge.......................................HR 1677 State-wide water management planning; change certain policy provisions...........HB 111 Water Conservation Act of 2011; enact .................................................................HB 153 Water resources; regulate interbasin transfers; change certain provisions.............HB 134 Water resources; Tennessee River interbasin transfer restrictions; exempt withdrawals .............................................................................................HB 400

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INDEX

6495

WATERS, PORTS AND WATERCRAFT Courts; juvenile proceedings; substantially revise provisions................................HB 641 Natural Resources, Department of; privacy of certain records and personal information; provide.......................................................................HB 875 Official Code of Georgia; revise, modernize and correct errors or omissions .............................................................................................................HB 942 Salt water fisheries management; extensively revise various provisions; Board of Natural Resources; rules and regulations; revise certain provisions ......................................................................................HB 869 Savannah, City of; consider issuing bonds to support cruise ship terminal; urge ......................................................................................................................HR 550 State Parks; use of boats; public nuisances; revise certain provisions ................... SB 319 Watercraft operation; 0.08 alcohol concentration; violation; provide....................HB 315
WAYCROSS, CITY OF; performance audits as condition to make payments; provide................................................................................................HB 627
WAYNE COUNTY Board of Commissioners; change description of districts ....................................HB 1150 Board of Education; revise districts......................................................................HB 1151 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
WAYNESBORO, CITY OF; State highway system; dedicate certain portions ..............................................................................................................HR 1177
WEAPONS (Also, see Firearms) Crimes and offenses; discharging gun or pistol near public highway or street; change provisions ...............................................................................HB 1046 Crimes and offenses; sale of handguns; regulate..................................................HB 1310 Firearms and weapons; carrying, possession and disposition; change provisions ................................................................................................HB 981 Firearms; authorize persons between the ages of 18 and 21 to carry firearms under certain circumstances ..................................................... SB 493 Firearms; carrying/possession; definitions; penalties; issuance/qualifications for firearms licenses; provisions .................................... SB 102 Firearms; prohibit any additional limitations on carrying firearms during states of emergency .................................................................................... SB 26 Firearms; provide exemption from application of certain laws for persons possessing valid weapons carry licenses; exceptions ......................... SB 98 Firearms; retired judges; provide exemption............................................................HB 58 Hunting; authorize the use of silencers on hunting firearms under certain circumstances................................................................................. SB 301

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6496

INDEX

License to carry a pistol or revolver; training for certain persons; provide ...........HB 286 Weapons; place of worship; repeal prohibition........................................................HB 54 Weapons; school and postsecondary facilities; repeal prohibition...........................HB 55 Weapons; training as a prerequisite for carry license; provide ..............................HB 735
WEBSTER COUNTY Board of Education; change the description of the education districts .................. SB 435 Magistrate Court; provide the terms of office of magistrates other than the chief magistrate.............................................................................................. SB 436
WEST POINT, CITY OF; levy an excise tax ......................................................HB 1238
WELFARE (See Social Services)
WHITE COUNTY Board of Commissioners; provide new districts ....................................................HB 970 Board of Education; provide for new districts........................................................HB 969 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
WHITFIELD COUNTY Board of Education; change description of districts...............................................HB 848 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize....................................................................................HR 1376
WILDLIFE Firearms and weapons; carrying, possession and disposition; change provisions.............................................................................................................HB 981 Hunting; authorize the use of silencers on hunting firearms under certain circumstances....................................................................................................... SB 301 Wildlife Control Permits; provisions...................................................................... SB 206
WILKINSON COUNTY; Board of Education; change description of districts.................................................................................................................HB 876
WILLIAMSON, CITY OF; terms of office of mayor and members of city council; change ..................................................................................................HB 1294
WINE (See Alcoholic Beverages)

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INDEX

6497

WITNESSES Courts; juvenile proceedings; substantially revise provisions................................HB 641 Evidence; extend the attorney-client privilege to third persons under certain circumstances................................................................................... SB 31 Evidence; spousal privilege in criminal proceedings; change provisions ..............HB 422 Privilege of witnesses; confidentiality of communications; provide .....................HB 656
WOODSTOCK, CITY OF Change the corporate limits of the city................................................................... SB 495 State highway system; dedicate certain portions..................................................HR 1177
WORKERS COMPENSATION Georgia Emergency Management Agency; licensing of nongovernmental rescue organizations, groups, teams, search and rescue dog teams; eliminate.............................................................................................................HB 1081 Workers' compensation; hearing loss; hearing level frequencies; revise provisions ..................................................................................................HB 637 Workers' compensation; parties to franchise agreement not considered employees; provide............................................................................HB 548 Workers' compensation; settlement agreements between parties; change certain provisions; change certain provisions relating to appointment of conservator for a minor or an incompetent claimant ...........................................HB 971
WORTH COUNTY Board of commissioners; reapportion districts.....................................................HB 1009 Board of Education; reapportion districts.............................................................HB 1010

Z
ZONING Local government; zoning proposal review procedures; repeal section and reserve.............................................................................................HB 1089 Property; zoning laws; prohibit - CA .........................................................................HR 3 Zoning procedures; notice of rezoning hearings; sign posted on property; require .............................................................................................HB 268

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PART II
HOUSE BILLS
HB 1-- Crimes and Offenses; prenatal murder unlawful; provide ................................................................................. No Action in 2012
HB 2-- Georgia Right to Grow Act; enact ....................................... No Action in 2012 HB 3-- Constitutional Tender Act; enact ......................................... No Action in 2012 HB 4-- Life, Liberty, and Property Restoration Act; enact ............. No Action in 2012 HB 5-- Freedom of Choice and Security Act; enact ........................ No Action in 2012 HB 6-- Emergency Defense of the Home Act; enact....................... No Action in 2012 HB 7-- Right to Travel Act; enact.................................................... No Action in 2012 HB 8-- Due Process Restoration Act; enact..................................... No Action in 2012 HB 9-- Kathryn Johnston's Law; enact ............................................ No Action in 2012 HB 10-- Child Protection Act; enact.................................................. No Action in 2012 HB 11-- Freedom from Compulsory Pandemic Act; enact ............... No Action in 2012 HB 12-- Georgia Food Freedom Act; enact....................................... No Action in 2012 HB 13-- Income tax; levy or collection; prohibit............................... No Action in 2012 HB 14-- Criminal law and procedure; change term "victim" to
"accuser"; provide................................................................ No Action in 2012 HB 15-- Lobbying; persons employed by this state; address
General Assembly committees; prohibit ............................. No Action in 2012 HB 16-- Georgia Nuclear Energy Financing Act; repeal................... No Action in 2012 HB 17-- Human Services, Department of; Title 49; repeal ............... No Action in 2012 HB 18-- State Road and Tollway Authority; abolish......................... No Action in 2012 HB 19-- Income tax; federal reserve banks in Georgia not
exempt; provide ................................................................... No Action in 2012 HB 20-- State Authority and Federal Tax Fund Act; enact ............... No Action in 2012 HB 21-- State Authority and Anti-racketeering Act; enact ............... No Action in 2012 HB 22-- DeKalb County; board of education; revise composition ... No Action in 2012 HB 23-- Foster Children's Psychotropic Medication Monitoring
Act; enact ............................................................................. No Action in 2012 HB 25-- Postsecondary education; reserve benefits to citizens
and lawfully present and eligible aliens....................................... Prefiled Only HB 26-- Limited driving permits; certain offenders; allow
issuance................................................................................ No Action in 2012 HB 27-- Georgia Administrative Procedure Act; act pro se under
certain circumstances; clarify .............................................. No Action in 2012 HB 28-- Community Affairs, Department of; Martin Luther
King, Junior Advisory Council; create ................................ No Action in 2012

6500

INDEX

HB 29-- Tax Amnesty Program Act; additional amnesty periods; provisions................................................................................................... 1647
HB 31-- Revenue and taxation; assessing real property .................... No Action in 2012
HB 32-- Trooper First Class Chadwick Lee LeCroy Act; enact................ Prefiled Only
HB 33-- Budget Act; zero-base budgeting; provide .......................... No Action in 2012
HB 34-- Sales and use tax; tax credit reduction for educational purposes; provide................................................................. No Action in 2012
HB 35-- Officer Safety Act of 2011; enact ........................................ No Action in 2012
HB 36-- The Anti Road Agent Gang Act; enact................................ No Action in 2012
HB 37-- Elections; President and Vice President candidates meet Constitutional qualifications; provide.................................. No Action in 2012
HB 38-- Public disclosure; government real estate purchase price; require ........................................................................ No Action in 2012
HB 39-- Education; home study programs; declaration of intent and attendance records sent to Department of Education; provide........................................................................... 3780, 5649
HB 42-- False advertising; use of term "wholesale"; repeal prohibition............................................................................ No Action in 2012
HB 43-- Conservation and natural resources; mountaintop removal coal mining; prohibit purchase and use ................. No Action in 2012
HB 44-- Theft; removal of shopping carts; change provisions.......... No Action in 2012
HB 45-- American Laws for Georgia Courts Act; enact ................... No Action in 2012
HB 46-- Uniform Interstate Depositions and Discovery Act; enact ............................................................................................................. 103
HB 48-- Ad valorem tax; freeport exemptions; revise and change certain provisions............................................................................. 3672, 3712
HB 50-- State government; agencies state date when provisions become applicable; provide ................................................. No Action in 2012
HB 51-- Commerce and trade; deposit on beverage containers; recycling; provide ................................................................ No Action in 2012
HB 52-- Disabled persons with service dog; schools, colleges, and universities; add provisions........................................... No Action in 2012
HB 54-- Weapons; place of worship; repeal prohibition ................... No Action in 2012
HB 55-- Weapons; school and postsecondary facilities; repeal prohibition............................................................................ No Action in 2012
HB 56-- Georgia Public Revenue Code; alleged tax liability; property seizure; provisions................................................. No Action in 2012
HB 57-- Contractors; residential water treatment installation; exempt from licensing ......................................................... No Action in 2012
HB 58-- Firearms; retired judges; provide exemption....................... No Action in 2012
HB 59-- Lawful presence verification; postsecondary education; reserve benefits .................................................................... No Action in 2012

INDEX

6501

HB 61-- Income tax; certain volunteer firefighters; provide tax credit .................................................................................... No Action in 2012
HB 62-- Scholarship program; special needs students; provide additional notification .......................................................... No Action in 2012
HB 63-- Local boards of education; counties with homestead option tax; provide requirements ......................................... No Action in 2012
HB 64-- Attorney fees; validity and enforcement; change provisions............................................................................. No Action in 2012
HB 65-- Adoption records; medical information open to certain persons; clarify..................................................................... No Action in 2012
HB 67-- Drivers; only hands-free communications devices in motor vehicles; provide ....................................................... No Action in 2012
HB 68-- Elections; special election; modify provisions .................... No Action in 2012
HB 69-- Alcoholic beverages; Sunday sales; provide ....................... No Action in 2012
HB 70-- Barbers; license to operate mobile barbershops; provide.... No Action in 2012
HB 71-- Bicycles; operation on sidewalks; authorize local governments......................................................................... No Action in 2012
HB 72-- Drivers' licenses; examinations only in English language; provide................................................................. No Action in 2012
HB 73-- Revenue and tax; local option tax for economic development; provisions ...................................................... No Action in 2012
HB 74-- Tuition grant assistance; Georgia Military College; provide ......................................................................................................... 902
HB 75-- Alcoholic beverages; nonprofit without a license; authorize single function sales............................................. No Action in 2012
HB 76-- Economic Development, Department of; Georgia Certified Retirement Community Program; create.............. No Action in 2012
HB 79-- Veterans Day; public schools closed November 11 each year; provide ........................................................................ No Action in 2012
HB 81-- Fiscal bills; bill impacts school revenues; require............... No Action in 2012
HB 82-- Supplemental appropriations; State Fiscal Year 2010 2011 ..................................................................................... No Action in 2012
HB 83-- Supplemental appropriations; State Fiscal Year 2010 2011 ..................................................................................... No Action in 2012
HB 84-- General appropriations; State Fiscal Year July 1, 2011 June 30, 2012 ....................................................................... No Action in 2012
HB 85-- General appropriations; State Fiscal Year July 1, 2011 June 30, 2012 ....................................................................... No Action in 2012
HB 86-- Sales and use tax; energy for manufacturing; provide exemption............................................................................. No Action in 2012
HB 88-- Lobbyists; reporting expenditures for elected state officials; not subject; provisions.......................................... No Action in 2012

6502

INDEX

HB 89-- Pain-Capable Unborn Child Protection Act; enact.............. No Action in 2012
HB 91-- Drivers' licenses; felony offense demarcated on license; provisions............................................................................. No Action in 2012
HB 93-- Code enforcement boards; code enforcement officers; change definition........................................................................................ 4595
HB 94-- Law enforcement officers; use race or ethnicity to stop motorist; prohibit ................................................................. No Action in 2012
HB 96-- Distilled spirits; vote to approve sale in a county or municipality; provide........................................................... No Action in 2012
HB 97-- Minimum wage law; comprehensive reform of provisions............................................................................. No Action in 2012
HB 98-- Macon-Bibb, Georgia; provide unified government ........... No Action in 2012
HB 100-- Georgia Tax Tribunal; create................................................ 1657, 2550, 5288, 5581
HB 102-- Civil actions; conservation easement property; provide limitation.............................................................................. No Action in 2012
HB 103-- Sales and use tax; food and food ingredients; change exemption............................................................................. No Action in 2012
HB 109-- Public employees; not use government owned devices to promote or oppose legislation; provide ................................................. 1646
HB 110-- Mortgages and liens; vacant and foreclosed real property registries; provide.............................................................. 3673, 4697
HB 111-- State-wide water management planning; change certain policy provisions.................................................................. No Action in 2012
HB 113-- Abandoned motor vehicles; change definitions; provisions............................................................................. No Action in 2012
HB 115-- Sales and use tax; use nine digit ZIP Codes; provide.......... No Action in 2012
HB 118-- Ad valorem tax; property; change certain definitions ......... No Action in 2012
HB 119-- Sales and use tax; change certain definitions ...................... No Action in 2012
HB 120-- Income tax; change certain definitions ................................ No Action in 2012
HB 121-- Discretionary Clause Prohibition Act; enact ................................................. 51
HB 124-- Annexation disputes; compensation for arbitration panel members; revise ................................................................... No Action in 2012
HB 126-- Holidays; Patriots Day the nineteenth of April each year; designate ..................................................................... No Action in 2012
HB 127-- Special license plates; amateur radio operators; provide..... No Action in 2012
HB 128-- Special license plates; Operation Enduring Freedom and Operation Iraqi Freedom veterans; provide .................. No Action in 2012
HB 129-- Conveyances; future conveyance of real property; prohibit fee................................................................................ 181, 332, 3745, 6107

INDEX

6503

HB 130-- Career and Technical Education Advisory Commission; meetings; change certain provisions.................................... No Action in 2012
HB 131-- Conservation and natural resources; certain civil penalties; exempt state agencies .......................................... No Action in 2012
HB 132-- Medical Food Equity Act; enact .......................................... No Action in 2012
HB 133-- Income tax payment; de minimis overpayments and insufficiencies; provisions ....................................................... 224, 5688, 6286
HB 134-- Water resources; regulate interbasin transfers; change certain provisions................................................................. No Action in 2012
HB 135-- Timber; unauthorized cutting and carrying away; change provisions ................................................................ No Action in 2012
HB 136-- Sales and use tax; certain school supplies, clothing, and computers; provide exemption ............................................ No Action in 2012
HB 138-- Elections; in-person absentee balloting; provide limitations ............................................................................ No Action in 2012
HB 139-- Income tax; change certain definitions ................................ No Action in 2012
HB 140-- Ad valorem tax; property; change certain definitions ......... No Action in 2012
HB 141-- Sales and use tax; change certain definitions ...................... No Action in 2012
HB 146-- Income tax credit; clean energy property; revise and change .................................................................................. No Action in 2012
HB 148-- Dangerous and vicious dogs; injury and damage liability; define..................................................................... No Action in 2012
HB 149-- Magistrates; termination under certain circumstances; provide ................................................................................. No Action in 2012
HB 150-- Excise tax; rooms, lodgings, and accommodations; change certain definitions .................................................... No Action in 2012
HB 151-- Motor fuel and road tax; change certain definitions............ No Action in 2012
HB 152-- Cigar and cigarette tax; change certain definitions.............. No Action in 2012
HB 153-- Water Conservation Act of 2011; enact............................... No Action in 2012
HB 154-- Public Service Commission; elect members by respective districts; provide ................................................. No Action in 2012
HB 155-- Show cause hearing; application and notice to appear; provide ................................................................................. No Action in 2012
HB 157-- Georgia Crime Victims Emergency Fund; define a certain term .......................................................................... No Action in 2012
HB 159-- HOPE; family income limit on eligibility; provide ............. No Action in 2012
HB 160-- Dismissal of appeal; improperly filed appeal may be dismissed by court; provide ................................................. No Action in 2012
HB 161-- Motorcycles; certain traffic regulations; provide ...................................... 1221
HB 163-- General Assembly; redistricting plans; include and exclude prisoner population; provide .................................. No Action in 2012

6504

INDEX

HB 164-- Revenue and tax; coin operated amusement machines; revise and add definitions .................................................... No Action in 2012
HB 165-- Alcoholic beverage sales; housing authority board; provide certain exceptions ................................................... No Action in 2012
HB 166-- Engineers and land surveyors; certification eligibility; change requirements .................................................................................... 271
HB 169-- Excise tax; motor vehicle rental; change certain definitions ............................................................................ No Action in 2012
HB 170-- Tax executions; issuance; change certain provisions .......... No Action in 2012
HB 171-- Higher Education Scholarships for High School Students Act; enact .............................................................. No Action in 2012
HB 172-- Education; temporarily extend multiple provisions............. No Action in 2012
HB 173-- Teachers; expungement of records; revise provisions......... No Action in 2012
HB 174-- Service delivery strategy; water or sewer fees; change certain provisions................................................................. No Action in 2012
HB 175-- Quality Basic Education Act; provide various additional academic and extracurricular options for students; Online Clearinghouse Act; enact ........................................... 3673, 5814, 6156
HB 176-- Credit Articulation Agreements Act; enact ......................... No Action in 2012
HB 177-- Law enforcement officers; impermissibly use race or ethnicity to stop motorist; prohibit ...................................... No Action in 2012
HB 178-- Revenue and tax; prepaid state and local consumables; change multiple provisions .................................................. No Action in 2012
HB 180-- Motor vehicles; leave safe distance between vehicle and bicycle when passing; require.............................................. No Action in 2012
HB 181-- Special needs scholarship program; provide additional notification; waiver one requirement; provisions ............................ 4756, 5734
HB 182-- Insurance; diagnosis and treatment of infertility; require health coverage .................................................................... No Action in 2012
HB 183-- General Assembly members; members of Georgia Legislative Retirement System; provisions ............................. 978, 1376, 4595
HB 184-- Controlled substances; Electronic Database Review Advisory Committee; establish provisions.......................... No Action in 2012
HB 185-- Runaway Youth Safety Act; enact....................................... No Action in 2012
HB 187-- Dental services; single administrator for Medicaid and PeachCare; provisions.......................................................... No Action in 2012
HB 188-- Transparency and Accountability in Government Act; enact ..................................................................................... No Action in 2012
HB 190-- Estate tax; change certain definitions .................................. No Action in 2012
HB 191-- Tax sales; tax levies and executions; change certain provisions............................................................................. No Action in 2012

INDEX

6505

HB 196-- Search warrants by video conference; what portion of video maintained; clarify ..................................................... No Action in 2012
HB 198-- Superior court clerks; real estate or personal property filing fees; remove sunset date ........................................................ 5300, 6111
HB 199-- Controlled substances; additional Schedule I substances; provide .............................................................. No Action in 2012
HB 201-- Vehicles; driving with snow or ice is an unsafe condition; define .................................................................. No Action in 2012
HB 202-- Traffic Operations and School Safety Act of 2011; enact ..................................................................................... No Action in 2012
HB 204-- Protecting Georgia Homeowners Act of 2011; enact .......... No Action in 2012
HB 205-- Georgia Lemon Law; consumer; define term...................... No Action in 2012
HB 206-- Public officers and employees; reporting fraud, waste, abuse or violations of law; modify provisions..................... No Action in 2012
HB 208-- Retirement; employment of a retired teacher as a fulltime teacher; change date of automatic repeal....................... 1298, 1686, 4596
HB 209-- Foreclosure sales; county list properties advertised in alphabetical or numerical order; provide............................. No Action in 2012
HB 210-- Taxation of intangibles; real estate transfer tax; change certain provisions................................................................. No Action in 2012
HB 211-- Revenue and tax; change certain provisions........................ No Action in 2012
HB 212-- Revenue, Department of; change certain provisions ........... No Action in 2012
HB 213-- Coin operated amusement machines; change certain definitions ............................................................................ No Action in 2012
HB 215-- Drivers' licenses; convicted of crime against a minor; prohibit certain transport.................................................................... 848, 1462
HB 217-- Selling; motorcycles, all-terrain, and utility vehicles; exempt from definition ........................................................ No Action in 2012
HB 222-- Income tax credit; transfer, devise, and distribute unused conservation credits; provide................................... No Action in 2012
HB 224-- Motor vehicle registration; off-road recreation vehicles; provide ................................................................................. No Action in 2012
HB 228-- Sales and use tax; distribution of unidentifiable proceeds; limit commissioner's authority ............................ No Action in 2012
HB 229-- Medicaid; hearings and appeals; final decision of law judge; provide ...................................................................... No Action in 2012
HB 230-- Core curriculum; annual criminal law in Georgia instruction; require............................................................... No Action in 2012
HB 231-- Mental Health Addictive Disease Community Recovery Act; enact ............................................................................. No Action in 2012
HB 233-- Sales and use tax; diesel fuel for locomotives; provide exemption............................................................................. No Action in 2012

6506

INDEX

HB 235-- Job Creation and Convention Services Area Act of 2011; enact........................................................................... No Action in 2012
HB 236-- Judges and court employees; new employees not Retirement System of Georgia members; provide ...................................... 825
HB 237-- Residential mortgage fraud; mortgage lending process; revise definition ............................................................................... 4594, 5738
HB 241-- Food adulteration; label certain seafood as fresh; prohibit................................................................................. No Action in 2012
HB 242-- American Laws for Georgia Courts Act; enact ......................................... 1424
HB 243-- Food adulteration; label certain food as fresh; prohibit....... No Action in 2012
HB 245-- Suretyship; surety or cosigner entitled to notice of default by principal; provide................................................ No Action in 2012
HB 246-- Employees' Retirement System of Georgia; members not receive 50 percent increase; provisions ......................... No Action in 2012
HB 247-- Firefighter standards and training; provide automatic termination of firefighter convicted of felony; guardian and ward; provide matters relevant to guardians; emergency medical services personnel; change requirements.......................................................................... 1375, 2508, 5445, 5892
HB 250-- Georgia Judicial Retirement System; revised survivor's benefit option; provisions ........................................................ 825, 1460, 4840
HB 252-- Transportation of Hazardous Materials Act; enact; provisions............................................................................. No Action in 2012
HB 253-- Public Safety, Department of; sell or trade surplus vehicles; allow ......................................................................................... 93, 95
HB 254-- Rules of the road; driver meet or overtake school bus; enforce by video images; provide........................................ No Action in 2012
HB 255-- Self-employment Assistance Program; enact ...................... No Action in 2012
HB 257-- Teachers and personnel; termination, demotion or reprimand; reduce force policies; provisions....................... No Action in 2012
HB 258-- Mental health; extend peace officer requirements to crisis response team members; provisions........................... No Action in 2012
HB 259-- Motor vehicle taxation; comprehensive revision................. No Action in 2012
HB 260-- Community Affairs, Department of; qualified local government; repeal definition; provisions ........................... No Action in 2012
HB 262-- Elections; add 1 percent judicial qualifying fee to fund the Commission; provide ..................................................... No Action in 2012
HB 263-- Health care facilities; surgical technologists requirements; provisions...................................................... No Action in 2012
HB 267-- Education, Department of; develop strategy regarding dangers of explicit images in texts; require ......................... No Action in 2012

INDEX

6507

HB 268-- Zoning procedures; notice of rezoning hearings; sign posted on property; require .......................................................................... 853
HB 270-- Elections; nonpartisan election of sheriffs, district attorneys, and solicitor generals; provide ............................ No Action in 2012
HB 271-- Georgia Student Extracurricular Partnership Act; enact ..... No Action in 2012
HB 272-- Juvenile court; rehearing an order of associate juvenile court judge; delete provision ..................................................................... 4756
HB 273-- Employer's liability; railroad employee injuries; provide standards .............................................................................. No Action in 2012
HB 276-- Education; parent conference for two consecutive failing grades; provisions..................................................... No Action in 2012
HB 278-- Surgical or medical treatment; nourishment or hydration; provisions ........................................................... No Action in 2012
HB 279-- Motor vehicles; use of child restraint systems; increase age ........................................................................................ No Action in 2012
HB 281-- Interest and usury; legal and maximum rates of interest; change certain provisions..................................................... No Action in 2012
HB 282-- Military Parents' Rights Act; enact ...................................... No Action in 2012
HB 283-- State Board of Education; rape prevention and personal safety programs; incorporate ............................................... No Action in 2012
HB 284-- Commencement of action and service; certified process servers; change provisions ................................................... No Action in 2012
HB 286-- License to carry a pistol or revolver; training for certain persons; provide................................................................... No Action in 2012
HB 287-- Sales and use tax exemption; food and beverages; provide partial suspension ................................................... No Action in 2012
HB 288-- Bail; certain offenses collect DNA as condition of bail; require .................................................................................. No Action in 2012
HB 289-- Ad valorem tax exemptions; revise a definition ................................ 783, 1934
HB 291-- Ad valorem property tax; not include nontax fees or assessments; provide............................................................ No Action in 2012
HB 293-- Retirement bills; define a certain term................................. No Action in 2012
HB 295-- Georgia State Employees Pension and Savings Plan; transfer of accrued benefit; provide....................................................... 80, 148
HB 296-- Education; collect data pertaining to illegal and undocumented students; provide ......................................... No Action in 2012
HB 297-- Retirement and pensions; public systems prohibited from expending fund for certain purposes; provide .................................. 4750
HB 298-- Insurance; small business investment company credit; establish ............................................................................... No Action in 2012
HB 299-- DNA analysis; transfer provisions; expand types of samples collected; provisions .............................................. No Action in 2012

6508

INDEX

HB 301-- Vehicles and loads; maximum weights; allow a variance................................................................................ No Action in 2012
HB 304-- Service suppliers; information registered by suppliers supporting 9-1-1 system; modify provisions ....................... No Action in 2012
HB 305-- Local boards of education; members serve no less than four year terms; provide....................................................... No Action in 2012
HB 306-- Sales and use tax exemptions; sales to qualified job training organizations; provide ............................................ No Action in 2012
HB 308-- Public retirement systems; duties of boards of trustees; provide ................................................................................. No Action in 2012
HB 309-- Scrap vehicles; change value; provisions ............................ No Action in 2012
HB 310-- The End to Cyberbullying Act; enact .................................. No Action in 2012
HB 311-- Parent Protection Act; enact ................................................ No Action in 2012
HB 312-- Protecting Public School Funds Act; enact ......................... No Action in 2012
HB 315-- Watercraft operation; 0.08 alcohol concentration; violation; provide................................................................. No Action in 2012
HB 316-- Electric membership corporations; meetings open and public; provide ..................................................................... No Action in 2012
HB 317-- Sales and use tax exemptions; certain nonprofit volunteer health clinics; extend ........................................... No Action in 2012
HB 318-- Sales and use tax exemptions; donated food for hunger relief; extend ......................................................................... 1647, 2104, 5300, 5546, 5688, 5820, 5992, 6286
HB 319-- Sales and use tax exemptions; nonprofit health centers, clinics, and food banks; extend...................................................................... 83
HB 320-- Development Authority Jobs Assistance Act of 2011; enact ..................................................................................... No Action in 2012
HB 321-- Georgia Tourism Development Act; enact .......................... No Action in 2012
HB 327-- Peace officers; employment or certification; modify certain requirements............................................................. No Action in 2012
HB 328-- Motor vehicles; personal transportation vehicles; create new class .............................................................................. No Action in 2012
HB 329-- State purchasing; certain contracting and bidding requirements; provide .......................................................... No Action in 2012
HB 331-- Sales and use tax exemptions; certain qualified job training organization; provide.............................................. No Action in 2012
HB 332-- Universal Access Fund; showing contributions on customers's bills; provide requirements........................................... 5338, 5872
HB 333-- Sales and use tax exemptions; disaster relief food donations; extend ................................................................. No Action in 2012

INDEX

6509

HB 334-- Sales and use tax exemptions; food and beverages to food bank; extend................................................................... 1647, 2106, 5300
HB 336-- General Assembly; issuance of subpoenas; revise provisions............................................................................. No Action in 2012
HB 337-- Sheriffs' Retirement Fund of Georgia; divorced member option to continue coverage; provisions ...................................... 80, 221, 5513
HB 338-- Neighborhood Stabilization Act; or NEST Act; enact ........ No Action in 2012
HB 340-- Misdemeanor offenders; electronic submission of sentencing documentation; provide ..................................... No Action in 2012
HB 342-- Stalking; family violence order; define ............................................... 270, 807
HB 344-- Georgia Judicial Retirement System; creditable service for prior service; provide ..................................................... No Action in 2012
HB 345-- Medical assistance; lawfully qualified alien children and pregnant women; eligible.............................................. No Action in 2012
HB 347-- Employment security; change certain provisions relating to unemployment compensation; change certain provisions relating to the State-wide Reserve Ratio............. 5513, 5572, 5689, 5690, 5800, 6165, 6171
HB 348-- Offenses against public order; criminal defamation; change provisions ................................................................ No Action in 2012
HB 349-- Fayetteville, City of; Redevelopment Powers Law; authorize............................................................................... No Action in 2012
HB 350-- Early Care and Learning, Department of; open records requirements; provide exemption ........................................ No Action in 2012
HB 351-- Probate Courts Retirement Fund of Georgia; change portion of fines paid to Judges..................................................... 80, 166, 5513
HB 352-- Toll extensions; no tolls on projects free from interest on public indebtedness; provide .......................................... No Action in 2012
HB 353-- Administrative provisions; interest rate for past due tax refunds; change provisions .................................................. No Action in 2012
HB 354-- Income tax; individual standard deductions; revise provisions............................................................................. No Action in 2012
HB 355-- Business and occupation taxes; corporate net worth tax; repeal.................................................................................... No Action in 2012
HB 356-- Preneed escrow; accounts titled in favor of registered entity; provide ...................................................................... No Action in 2012
HB 357-- Motor vehicle registration records; persons to receive certificate of title; add authorized persons........................... No Action in 2012
HB 359-- Sales and use tax exemptions; qualified job training organizations; provide.......................................................... No Action in 2012
HB 360-- Motor carrier transportation contracts; certain intentional acts; remove ....................................................... No Action in 2012

6510

INDEX

HB 361-- Prescription drugs; pharmacist include prescription drug retail price on receipt; provide............................................. No Action in 2012
HB 362-- Sales and use tax; deduction of bad debts; authorize refunds and deductions ........................................................ No Action in 2012
HB 363-- Georgia Lottery Corporation; net proceeds equal 35 percent of lottery proceeds; require ..................................... No Action in 2012
HB 364-- Peachtree City, City of; levy excise tax............................... No Action in 2012
HB 365-- Insurance; subscription for prepaid air ambulance not contract of insurance; provide.............................................. No Action in 2012
HB 366-- Sales and use tax exemptions; natural or artificial gas for manufacturing; provide .................................................. No Action in 2012
HB 367-- Georgia-grown farm products; promote production, purchase, and consumption.................................................. No Action in 2012
HB 368-- Agricultural Water Supply Protection Act; enact................ No Action in 2012
HB 369-- Student scholarship organizations; education income tax credit; revise provisions ................................................. No Action in 2012
HB 370-- Risk-based capital levels; trend test property and casualty companies; require................................................. No Action in 2012
HB 371-- Insurable interest; state entity; not fund life insurance on public officers or employees; provide ............................ No Action in 2012
HB 372-- Bonds; release unclaimed bonds one year after surety released; provide ................................................................................ 867, 1425
HB 374-- Cosmetologists; examinations and applications for certificates of registration; change certain provisions ......... No Action in 2012
HB 376-- Honorary office of sheriff emeritus; qualifications; modify.................................................................................. No Action in 2012
HB 377-- Tourism and Community Development Act; enact ............. No Action in 2012
HB 378-- Hemophilia Advisory Board Act; enact .............................. No Action in 2012
HB 379-- Sales and use tax exemptions; personal property to certain nonprofit health centers; provide ................................................... 1647
HB 380-- Insurance; continuing care providers and facilities; extensively revise................................................................. No Action in 2012
HB 381-- Revenue and taxation; limit property valuation increases; provide moratorium ............................................ No Action in 2012
HB 383-- Sales and use tax; manufactured single-family structures; change imposing and collecting......................... No Action in 2012
HB 384-- Joint authorities; modify job tax credit received; revise investment tax credits .......................................................... No Action in 2012
HB 385-- Revenue and taxation; revenue structure; comprehensive revision ....................................................... No Action in 2012
HB 386-- Revenue and taxation; revenue structure; comprehensive revision ......................................................... 3813, 3838, 4751

INDEX

6511

HB 387-- Revenue and taxation; revenue structure; comprehensive revision ....................................................... No Action in 2012
HB 388-- Revenue and taxation; revenue structure; comprehensive revision ....................................................... No Action in 2012
HB 392-- Income tax; film, video, or digital productions; revise credit .................................................................................... No Action in 2012
HB 394-- Annexation; deannexation; provide..................................... No Action in 2012
HB 395-- State purchasing; business owned by disabled veterans; provide preference ............................................................... No Action in 2012
HB 397-- State government; open meetings and records; revise provisions.............................................................................. 1657, 2109, 5301, 5758
HB 398-- Fulton County; Board of Education pensions and retirement; correct typographical errors ............................... 2089, 3751, 3895, 3898, 5283
HB 399-- Corporations; name and address registration with Secretary of State; require.................................................... No Action in 2012
HB 400-- Water resources; Tennessee River interbasin transfer restrictions; exempt withdrawals ......................................... No Action in 2012
HB 401-- Presidential Eligibility Assurance Act; enact ...................... No Action in 2012
HB 402-- Georgia Crime Information Center; criminal records; change provisions ................................................................ No Action in 2012
HB 403-- Income tax credits; qualified businesses and limitations; revise provisions .................................................................. No Action in 2012
HB 404-- Income tax credits; low-emission vehicles; change definition.............................................................................. No Action in 2012
HB 405-- Health care facilities; regulation and licensing of assisted living communities; provide................................... No Action in 2012
HB 406-- Income tax returns; contributions to Georgia's Pre-K Program; authorize............................................................... No Action in 2012
HB 407-- Payment of taxes; population bracket under 2010 census; update .................................................................................... 783, 1010
HB 408-- Student health; automated external defibrillators; require .................................................................................. No Action in 2012
HB 409-- Veterinarians; application for license; revise provisions........... 269, 850, 3945
HB 411-- Fayette County; probate court judge nonpartisan elections; provide................................................................. No Action in 2012
HB 412-- Tax credit; research and development by business enterprise; remove limitations ............................................. No Action in 2012
HB 416-- Labor organizations; collective bargaining by public employees; prohibit.............................................................. No Action in 2012
HB 417-- Elections; identification of campaign advertising; provide requirements ........................................................... No Action in 2012

6512

INDEX

HB 419-- Foreclosure; time of delivery of notice of proceedings; change .............................................................................................. 1220, 1428
HB 420-- Counties; redistrict themselves following decennial census; authorize.................................................................. No Action in 2012
HB 422-- Evidence; spousal privilege in criminal proceedings; change provisions ................................................................ No Action in 2012
HB 424-- Superior Court Clerks' Retirement Fund; death benefit for members; provide............................................................................. 80, 149
HB 425-- Education; annual program on United States Constitution; require ............................................................ No Action in 2012
HB 426-- Georgia Registered Professional Nurse Practice Act; revise a definition................................................................. No Action in 2012
HB 427-- Traffic offenses; driving under the influence; first time conviction; require ignition interlock device....................... No Action in 2012
HB 428-- Annexation of territory; additional method for municipalities; provide ........................................................ No Action in 2012
HB 429-- Local Government Infrastructure Financing Authority Act; enact ............................................................................. No Action in 2012
HB 430-- Fair and Orderly Administration of Capital Punishment Act; enact ............................................................................. No Action in 2012
HB 431-- Food; manufacture of sale of food containers or products with bisphenol-A; prohibit.................................... No Action in 2012
HB 432-- Labor and industrial relations; employees use sick leave for immediate family care; allow............................................................... 2167
HB 433-- State Financing and Investment Commission; give preference to in-state construction; provide ........................ No Action in 2012
HB 434-- Social workers; requirements for licensure; revise provisions................................................................................. 977, 1385, 4596
HB 435-- Driving Under the Influence; convicted have ignition interlock device installed; require........................................ No Action in 2012
HB 437-- Controlled substances; possession of and sale of pseudoephedrine drugs; change provisions ......................... No Action in 2012
HB 438-- Elections; independent candidates have additional qualifying period; provide ................................................... No Action in 2012
HB 439-- Elections; incumbent qualify for reelection as independent without petition; provide ................................. No Action in 2012
HB 440-- Public health and morals; cruelty to animals; change provisions............................................................................. No Action in 2012
HB 441-- Attorney General; authorization to employ private counsel; provide requirements ............................................. No Action in 2012
HB 443-- Speed detection devices; rehabilitation centers obtain permit for use; allow ............................................................ No Action in 2012

INDEX

6513

HB 445-- Property; foreclosure; provide definitions; change multiple provisions .............................................................. No Action in 2012
HB 446-- Elderly and disabled adults; financial service employees guard against fraud; clarify immunity ................................. No Action in 2012
HB 447-- Foreclosure Rescue Fraud Prevention Act; enact................ No Action in 2012
HB 448-- Georgia Sports Hall of Fame Authority; educational tourist attractions throughout state; provisions.................... No Action in 2012
HB 449-- Multiple-party accounts; definition include preneed service entities; provide ....................................................... No Action in 2012
HB 450-- Setoff debt collection; debts owed to public housing authorities; authorize................................................................. 238, 347, 1647, 2515
HB 451-- Energy Independence and Rate Payer Protection Act; enact ..................................................................................... No Action in 2012
HB 452-- Education; student transportation; revise provisions........... No Action in 2012
HB 453-- Dawsonville Airport Authority Act; enact .......................... No Action in 2012
HB 455-- Unfair trade practices; prohibition against licensees; change provisions ................................................................ No Action in 2012
HB 456-- Georgia Government Accountability Act; enact .................... 976, 1639, 5301, 5668
HB 458-- Georgia Commission on Family Economic Security; create .................................................................................... No Action in 2012
HB 459-- City of College Park Water and Sewer Authority; create ... No Action in 2012
HB 460-- Psychiatric Advance Directive Act; enact ........................... No Action in 2012
HB 462-- Coin operated amusement machines; limit on number allowed at location; exception ............................................. No Action in 2012
HB 463-- Limited licenses; insurance coverage on self-service storage; provide....................................................................... 866, 1159, 1235, 1453, 5302
HB 464-- Public assistance; random drug testing of recipients; require .................................................................................. No Action in 2012
HB 465-- Instruments conveying interest; transfers of security instruments; include............................................................. No Action in 2012
HB 467-- State government; pari-mutuel wagering on horse racing; provide ..................................................................... No Action in 2012
HB 468-- Special license plates; Operations Iraqi and Enduring Freedom, Global War on Terrorism; add veterans .............. No Action in 2012
HB 469-- Pharmacists; hard copy prescriptions on security paper; define; require ...................................................................... No Action in 2012
HB 470-- Registered professional nurse; requirements for preceptorship for applicants; revise ..................................... No Action in 2012

6514

INDEX

HB 471-- Juvenile arrest and detention; when interim control of children is permitted; change provisions ............................. No Action in 2012
HB 472-- Brewpub distribution system; maximum barrels of beer manufactured and sold; increase.............................................. 824, 1208, 4751
HB 473-- Public School Employees Retirement System; increase employee contribution; provide........................................... No Action in 2012
HB 474-- School buses; video cameras to monitor students; provide ................................................................................. No Action in 2012
HB 475-- Development Authorities Law; include facilities owned by public or private entity; amend definition ...................................... 237, 328
HB 476-- Georgia Health Exchange Authority; establish ................... No Action in 2012
HB 477-- Insurance; transition from annual to biennial license renewal; provide ................................................................................ 345, 3708
HB 478-- Georgia Crime Information Center; certain criminal records restricted from public disclosure; provide .............. No Action in 2012
HB 479-- Private home care providers; arrangements with independent contractors; revise definition........................... No Action in 2012
HB 480-- Tax on tobacco products; cigar tax through use of stamps; provisions................................................................ No Action in 2012
HB 481-- Braselton, Town of; initial terms of office for board members; correct........................................................................................ 4914
HB 486-- Insurance; prepaid air ambulance service not a contract of insurance; provide ........................................................... No Action in 2012
HB 487-- Vehicle permits; changes to requirements; allow multitrip permits .................................................................. No Action in 2012
HB 488-- Deposit account fraud; victim authorized to recover costs; clarify......................................................................... No Action in 2012
HB 490-- Trespassing motor vehicles; regulation and fee charge for tire clamps; provide........................................................ No Action in 2012
HB 491-- Controlled substances; certain drug-free zones; adopt and incorporate .................................................................... No Action in 2012
HB 492-- Water and sewer; projects and costs tax; change a definition.............................................................................. No Action in 2012
HB 493-- Family violence; include inflicting unjustified injury to household animal; provide................................................... No Action in 2012
HB 494-- Elections; political body and independent candidates file petition for ballot access; remove requirement ............. No Action in 2012
HB 497-- Electric suppliers; energy saving plans; provide ................. No Action in 2012
HB 499-- Agriculture and water resources; Agricultural Water Conservation Incentive Program; change provisions .......... No Action in 2012
HB 501-- Volunteer Health Care Services Act; enact ......................... No Action in 2012
HB 502-- Lead poisoning prevention; certain federal regulations; provide ................................................................................. No Action in 2012

INDEX

6515

HB 504-- Criminal sale of recorded material; display official rating on video movies; require ........................................... No Action in 2012
HB 505-- Alcoholic beverages; three-tier distribution for craft breweries; create exception.................................................. No Action in 2012
HB 506-- Insurance; payment or reimbursement of oral chemotherapy; provide ........................................................ No Action in 2012
HB 507-- Water and sewer projects; costs tax; change a definition .... No Action in 2012
HB 512-- Tobacco related objects; blunt wrap regulation; provide definition.................................................................................................... 1949
HB 513-- Life insurance; group life insurance policy to approved groups; allow issuance ..................................................................... 1235, 1688
HB 514-- Distilled spirits; free tastings on premises; authorize.............. 271, 1262, 3945
HB 515-- Public utilities; voluntary portfolio standard goals for renewable energy; provisions .............................................. No Action in 2012
HB 516-- Public utilities; voluntary portfolio standard goals for renewable energy; provisions .............................................. No Action in 2012
HB 518-- Salvage or rebuilt motor vehicles; registered inspectors qualifications; provide ......................................................... No Action in 2012
HB 519-- Motor vehicles; carry stacked ladders more than three high in rack; prohibit............................................................ No Action in 2012
HB 520-- Energy purchase; amount of energy provider is required to purchase from generator; change................................................. 1418, 1710
HB 521-- Superior Court Clerks' Retirement Fund; certain employee contribution; reduce ............................................ No Action in 2012
HB 525-- Personal jurisdiction over nonresidents; domestic relations cases; clarify.......................................................... No Action in 2012
HB 526-- Marshal responsibilities; only certified may serve process in court; provide...................................................... No Action in 2012
HB 527-- Foreclosure; violate federal Servicemembers Civil Relief Act; provide penalties ............................................... No Action in 2012
HB 528-- School bus operation; procedure for unloading children under eight years; require .................................................... No Action in 2012
HB 529-- Child abuse; mandatory reporting; expand.......................... No Action in 2012
HB 530-- Forest Park, City of; remove certain officials from office; change procedure...................................................... No Action in 2012
HB 531-- Income tax; taxable nonresident; change definition ............ No Action in 2012
HB 532-- Income tax payments and withholding; tax compensation to entertainers and athletes; provide ............. No Action in 2012
HB 533-- Judicial Retirement System; certain judicial officers transfer funds; provide ......................................................... No Action in 2012
HB 534-- Eligibility requirements; probate court clerks; modify provisions............................................................................... 2022, 2633, 5302

6516

INDEX

HB 535-- War veterans homes; Veterans Service Board establish residency fee; authorize ........................................................... 237, 2107, 4751
HB 536-- Public Service Commission; regulate private emergency warning to multipoint systems; provide .............................. No Action in 2012
HB 538-- State Board of Locksmiths; create ....................................... No Action in 2012
HB 539-- Savannah, City of; term of office of board of education president; revise provisions ................................................. No Action in 2012
HB 541-- Judicial and other proceedings; prohibit intimidation of law enforcement officers in retaliation for officer's actions of carrying out official duties ................................... 1391, 1583, 5702, 5899
HB 542-- Employees' Retirement System of Georgia; transfer service credit; provide.......................................................................... 172, 244
HB 546-- Sales and use tax; property sales for zoological renovation or expansion; extend exemption ........................ No Action in 2012
HB 547-- Sales and use tax; fuel for cooling refrigerated shipping containers; provide exemption............................................. No Action in 2012
HB 548-- Workers' compensation; parties to franchise agreement not considered employees; provide ....................................... 1296, 1588, 4841
HB 550-- Fulton County; powers and duties of Board of Commissioners chairperson; provide .................................. No Action in 2012
HB 556-- Integrity in Public Proceedings Act; enact .......................... No Action in 2012
HB 558-- Contracting and bidding; preference for local resident businesses for public works projects; authorize .................. No Action in 2012
HB 559-- Assault and battery; crimes upon health care workers; increase punishment............................................................. No Action in 2012
HB 561-- Dodge County; Board of Education officers receive compensation; provide......................................................... No Action in 2012
HB 564-- Conservation use assessment; property use for solar energy not breach covenant; provide................................... No Action in 2012
HB 565-- Georgia Crime Information Center; disclosure of records to private persons; change provisions ..................... No Action in 2012
HB 567-- Public school students' records; option to not release information to military recruiters; provide .......................... No Action in 2012
HB 568-- Alcoholic beverages; limited exceptions to three-tier distribution; provide............................................................. No Action in 2012
HB 571-- McIntyre, Town of; incorporate; grant new charter .................................... 181
HB 572-- Twiggs County; Board of Education member compensation; change provisions ................................................................ 129
HB 578-- Income tax; citizenship expenses for low-income families; provide credit ........................................................ No Action in 2012
HB 580-- Barrow County Governing Authority Study Commission; create.............................................................. No Action in 2012

INDEX

6517

HB 586-- Rockdale County; chief magistrate; provide election.......... No Action in 2012
HB 593-- Regents Retirement Plan; participation revocable at will; provisions .................................................................... No Action in 2012
HB 594-- Limited liability companies; low-profit companies; change certain provisions............................................................................. 334
HB 595-- Tax credits for job creation; earned for prior year; provide ................................................................................. No Action in 2012
HB 596-- Tax credits for job creation; earned for prior year; provide ................................................................................. No Action in 2012
HB 597-- Alcoholic beverages; brewpubs; amend certain provisions............................................................................. No Action in 2012
HB 601-- Cohutta, City of; Redevelopment Powers Law; authorize............................................................................... No Action in 2012
HB 603-- Atlanta Board of Education; appointment and terms of members; provide ................................................................ No Action in 2012
HB 604-- Lower Chattahoochee Regional Transportation Authority Act; enact................................................................................... 1255
HB 605-- Georgia Aviation Authority; abolish; transfer to Department of Public Safety................................................ No Action in 2012
HB 606-- Purchasing departments; public letting and bids; change provisions............................................................................. No Action in 2012
HB 608-- Cobb County State Court; charge technology fee; authorize............................................................................... No Action in 2012
HB 609-- Insurance; policy coverage for telemedicine services; require .................................................................................. No Action in 2012
HB 614-- Polk County; ad valorem tax for county purposes; provide exemption ..................................................................................... 5632
HB 615-- Polk County; ad valorem tax for county purposes; provide exemption ..................................................................................... 5632
HB 616-- Polk County; ad valorem tax; educational purposes; provide exemption ..................................................................................... 5633
HB 617-- Polk County; ad valorem tax; educational purposes; provide exemption ..................................................................................... 5633
HB 620-- Probation/Parole Community Based Supervision, Department of; create; change provisions ........................... No Action in 2012
HB 621-- Income tax; qualified reforestation expenses; provide credit .................................................................................... No Action in 2012
HB 624-- Ware County; citizens right to address commissioners; provide ................................................................................. No Action in 2012
HB 625-- Peace Officers' Annuity and Benefit Fund; communications officers; provide membership................... No Action in 2012
HB 626-- Ware County; performance audits as condition to make payments; provide................................................................ No Action in 2012

6518

INDEX

HB 627-- Waycross, City of; performance audits as condition to make payments; provide ...................................................... No Action in 2012
HB 628-- Coolidge, City of; time of municipal elections; change provisions................................................................................................... 1153
HB 630-- Public officers and employees; sexual orientation and gender identity; prohibit discrimination .............................. No Action in 2012
HB 632-- Augusta-Richmond County; mayor and members; partisan elections.................................................................. No Action in 2012
HB 633-- Child abuse; state-wide reporting system; create ................ No Action in 2012
HB 634-- Ad valorem tax; population brackets and census; change provisions ................................................................... 783, 1210, 5301, 5653
HB 635-- Macon Water Commissioners - Pension Plan; change provisions................................................................................. 172, 1164, 4901
HB 636-- Brookhaven, City of; provide a charter .................................. 797, 1077, 1157, 4950, 5998
HB 637-- Workers' compensation; hearing loss; hearing level frequencies; revise provisions.............................................. No Action in 2012
HB 638-- Randolph County; board of elections and registration; create .......................................................................................................... 1255
HB 639-- Crime Victims' Bill of Rights; fail to notify victim of parole; provide consequences .............................................. No Action in 2012
HB 640-- Insolvent insurers; claimants rights; correct certain language ............................................................................................. 797, 1283
HB 641-- Courts; juvenile proceedings; substantially revise provisions......................................................................................... 1424, 1716
HB 642-- State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ................ 334, 641, 3701
HB 643-- Secondary metals recycler; maintain delivery person fingerprints; require ............................................................. No Action in 2012
HB 644-- Commission to Implement the Patient Protection and Affordable Care Act; enact ............................................................................ 21
HB 645-- Superior Court Clerks' Retirement Fund; employee contribution; reduce ....................................................................................... 21
HB 646-- Health; designation of health information exchange; provisions....................................................................................................... 21
HB 647-- Commissioner of Revenue; disclose whether person filed state tax return; authorize ...................................................................... 21
HB 648-- Legal services for indigents; certain fees to fund accused; change provisions.......................................................... 21, 270, 1995
HB 649-- Georgia Self-service Storage Facility Act of 2011; enact ............................. 21
HB 650-- Georgia Procurement Registry; used for bids for public works contracts; provisions ........................................................................... 21

INDEX

6519

HB 651-- Charter system earnings; full-time equivalent student; repeal.......................................................................................... 21, 1949, 2627
HB 652-- Augusta-Richmond County; advisory referendum election; provide .................................................................................... 21, 331
HB 653-- Inmate policies; restraint on pregnant female inmates; prohibit........................................................................................................... 21
HB 654-- Locally Initiated Funding for Educational-Choice (LIFE) Act; enact ........................................................................................... 21
HB 655-- Preventable diseases; establish provider system for children vaccines; require .............................................................................. 21
HB 656-- Privilege of witnesses; confidentiality of communications; provide............................................................................... 21
HB 657-- Georgia Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act; enact .............................................................. 21
HB 658-- Damages; reduction of earnings to present value; change provisions .......................................................................... 17, 50, 1657
HB 659-- Reckless conduct; hazing; change provisions.......................................... 17, 50
HB 660-- Ad valorem tax; certain activities not breach conservation use covenant; provide......................................................... 18, 50
HB 661-- Charter schools; personnel comply with public school certification; require................................................................................. 18, 50
HB 662-- Blind Persons' Braille Literacy Rights and Education Act; enact ................................................................................................. 18, 50
HB 663-- Georgia Crime Information Center; inspection or modifying criminal records; change provisions ...................................... 19, 50
HB 664-- Georgia Charter Schools Commission; exclude Retirement System membership; provisions ................................................. 21
HB 665-- Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................................................... 19, 50, 2150, 2208, 5423, 5934
HB 666-- Division of Roofing Contractors; create.................................................. 19, 50
HB 667-- Agreement Among the States to Elect the President by National Popular Vote; enact................................................................... 20, 50
HB 668-- Human Services, Department of; drug test administered to applicants for temporary assistance; create ......................................... 43, 73
HB 669-- State Agencies; require reporting of federal funds received; provisions .................................................................... 229, 268, 813, 1646
HB 670-- State Government; Constitutional Guardian Advisory Council; create ......................................................................................... 76, 90

6520

INDEX

HB 671-- DeKalb County; reduction of board of education members from nine to seven; provide ..................................................... 66, 80
HB 672-- Municipal corporations; incorporation bills introduced first session year & voted second year; provide ...................................... 77, 90
HB 673-- Georgia's Return to Play Act of 2012; enact .................................... 44, 73, 97, 1295, 2089
HB 674-- The Interception and Disclosure of Geolocation Information Protection Act of 2011; enact ............................................ 85, 102
HB 675-- Nurses; approved nursing education programs; revise definitions ......................................................................................... 44, 73, 80, 222, 803
HB 676-- Prosecutions; commence at any time for certain offenses; provide.................................................................................... 86, 102
HB 677-- General Assembly; mandatory drug testing for members; require ................................................................................. 230, 268
HB 678-- Mattresses; use of previously used material; provide regulation .................................................................................... 86, 102, 1695, 2725
HB 679-- Georgia Constitutional Carry Act of 2012; enact .................................... 44, 73
HB 680-- Offenses against public order; define certain terms; defamation; provisions......................................................................... 110, 160
HB 681-- Food sales and service establishments; revise definitions; exempt certain activities .......................................... 111, 160, 269, 2681
HB 682-- County governing authorities; sheriffs and certain offices; provide nonpartisan elections ......................................... Prefiled Only
HB 683-- Garnishment proceedings; filing of certain answers may be done by authorized officers or employees; provisions ................ 44, 73, 83, 129, 345
HB 684-- Natural Resources, Department of; transfer certain responsibilities for state parks to local governing authorities; authorize................................................................. 174, 196, 1220, 2701, 5630
HB 685-- Dogs; dangerous and vicious; revise provisions........................... 45, 73, 1949, 2587, 2691, 4919, 5978
HB 686-- Homeowners' Solar Bill of Rights; enact .................................... Prefiled Only
HB 687-- Alarm monitoring service companies; utilize alarm verification; provisions ................................................................... 45, 73, 334, 1272
HB 688-- Georgia Public Service Commission; provide jurisdiction; provisions ............................................................................ 45, 73

INDEX

6521

HB 689-- Local boards of education; health insurance benefits to certain former members; authorize.................................................. 46, 73, 257
HB 690-- Coweta County; board of commissioners; revise districts............................................................................................ 46, 73, 161, 162, 322
HB 691-- Criminal offenses; failure to report a crime; provisions.......................... 46, 73
HB 692-- Educational professionals; reduce salary if test scores were falsified; provide .................................................................. 47, 73, 1417, 1635, 4914
HB 693-- Screven County; board of commissioners; provide member elections ............................................................................ 47, 73, 991, 1014, 1447
HB 694-- Coweta County; board of education; change description of districts ....................................................................................... 47, 73, 161, 162, 322
HB 695-- Disabled veterans; free license plates and revalidation decals; 60 percent disabled; allow ........................................................... 48, 73
HB 696-- Disabled veterans; free license plates and revalidation decals; total or partial disability; provide ............................................... 48, 73
HB 697-- Unemployment compensation benefits; random drug testing to continue benefits; require......................................................... 48, 73
HB 698-- Certain public assistance; random drug testing for recipients; require .................................................................................... 48, 73
HB 699-- Human Services, Department of; implement public assistance drug testing program; require ................................................. 49, 73
HB 700-- Effingham County; Board of Education; correct dates of certain elections ................................................................................ 49, 73, 91, 632, 800
HB 701-- Troup County; Board of Commissioners; change description of districts..................................................................... 49, 73, 161, 163, 323
HB 702-- Troup County; Board of Education; change description of districts ....................................................................................... 49, 73, 161, 163, 323
HB 703-- Sales and use tax; change certain definitions .......................................... 67, 80
HB 704-- Sales and use tax; change certain definitions .......................................... 67, 80
HB 705-- Education; direct classroom expenditures; revise definition............................................................................................ 67, 80, 82
HB 706-- Elementary and secondary education; delete and clarify provisions.......................................................................................... 67, 80, 82, 165, 196, 247, 3743, 5656

6522

INDEX

HB 707-- Elections; valid student identification card with photograph to vote; provide............................................................ 68, 80, 334, 849, 6286
HB 708-- Jones County; Board of Education; change description of districts ......................................................................................... 68, 80, 91, 885
HB 709-- Bryan County; Board of Education; change description of districts ....................................................................................... 68, 80, 179, 804
HB 710-- Jones County; Board of Commissioners; reapportion commissioner districts ...................................................................... 69, 80, 91, 92, 885
HB 711-- Evidence; privileges; change provisions ........................................ 69, 80, 334, 775, 4596
HB 712-- Pickens County; Board of Commissioners; clarify dates; change description of districts................................................ 69, 80, 91, 92, 955
HB 713-- Quality Basic Education Act; career and college readiness initiatives; delay implementation...................................... 70, 80, 82, 127, 3744, 5740
HB 714-- Health clubs; automated external defibrillator on site; require ...................................................................................................... 70, 80
HB 715-- Municipal taxation; certain contracts to access taxes; provide limitations ......................................................................... 70, 80, 1647
HB 716-- Air quality; facilities emitting pentachlorophenol near schools; provide collective emissions limitations ................................... 70, 80
HB 717-- Dogs; criminal penalties for certain owners failing to secure; provide.............................................................................. 71, 80, 1424, 2147, 2187
HB 718-- Economic Development, Department of; Georgia Capital Acceleration Authority; create .................................................... 71, 80
HB 719-- Supplemental appropriations; State Fiscal Year 20112012 ......................................................................................................... 72, 80
HB 720-- Supplemental appropriations; State Fiscal Year 20112012 ......................................................................................................... 72, 80
HB 721-- General appropriations; State Fiscal Year July 1, 2012 June 30, 2013 ........................................................................................... 72, 80
HB 722-- General appropriations; State Fiscal Year July 1, 2012 June 30, 2013 ........................................................................................... 72, 80
HB 723-- Putnam County; Board of Education; change method of electing members ............................................................................ 77, 90, 179, 180, 323

INDEX

6523

HB 724-- Special license plates; certified firefighters exempt from paying annual renewal fee; provide......................................................... 77, 90
HB 725-- Elections; selection and qualification of candidates and presidential electors; provisions ..................................................... 78, 90, 334, 636
HB 726-- Peach County; board of commissioners; change description of districts..................................................................... 78, 90, 197, 956
HB 727-- Peach County; Board of Education; change description of districts ....................................................................................... 78, 90, 197, 198, 956
HB 728-- Property; covenants; clarify provisions .......................................... 79, 90, 601, 967, 4915
HB 729-- Revenue and taxation; Internal Revenue and Internal Revenue Code of 1986; define terms; clarify certain definitions relating to sales and use tax ........................................ 86, 102, 783, 887, 3703, 5726
HB 730-- Administrative Services, Department of; public works construction contracts; provisions ................................................ 87, 102, 150, 823, 1282
HB 731-- Parent Trigger Act; enact....................................................................... 87, 102
HB 732-- Motor vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates.................... 87, 102, 1432, 2011, 4913, 5796
HB 733-- Family violence; holdover provisions for appointees; add................................................................................................. 87, 102, 867, 1160, 4915
HB 734-- Professions and businesses; provisions relating to requirements for licensure in social work; revise definitions .............................................................................................. 88, 102
HB 735-- Weapons; training as a prerequisite for carry license; provide ................................................................................................... 88, 102
HB 736-- Insurance; discretionary clauses in disability contracts; prohibit use ............................................................................................ 88, 103
HB 737-- Walton County; Board of Commissioners; change description of districts................................................................... 88, 103, 866, 868, 1448
HB 738-- Walton County; Board of Education; change provisions to districts...................................................................................... 89, 103, 866, 875, 1448

6524

INDEX

HB 739-- Property; prohibit fee for conveyance of real property except under limited circumstances....................................................... 89, 103
HB 740-- Carroll County; Board of Commissioners; change description of districts................................................................... 89, 103, 161, 163, 324
HB 741-- Supplemental appropriations; State Fiscal Year July 1, 2011 - June 30, 2012..................................................................... 90, 103, 269, 350, 1414, 2793, 3674, 3700
HB 742-- General appropriations; State Fiscal Year July 1, 2012 June 30, 2013 .............................................................................. 90, 103, 2149, 2247, 3966, 3967, 4508, 4598, 4602, 5014, 5288
HB 743-- Motor fuel tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ............................................................... 100, 124, 1648, 2103, 5300, 6262, 6285
HB 744-- Uniform Partition of Heirs Property Act; enact.......................... 101, 124, 853, 965, 5303
HB 745-- Public Health, Department of; study pulse oximetry screening for newborns to detect congenital heart defects; require............................................................................ 101, 124, 848, 2150, 5567
HB 746-- Commissioner of Agriculture; final decision and reconsideration; clarify timing.................................................. 101, 124, 1235, 1679, 5568
HB 747-- Revenue and taxation; census tract having at least 45% poverty rate deemed eligible for tier 1 county tax treatment; provide ................................................................................ 101, 124
HB 748-- Adoption; issuance of copy of an original birth certificate to certain adult persons; provide................................ 102, 124, 853, 1583, 2022
HB 749-- Calhoun County; Board of Education; provide new districts........................................................................................ 111, 160, 210, 212, 1153
HB 750-- Calhoun County; provide new commissioner districts............... 111, 160, 210, 212, 1154
HB 751-- Jasper County; Probate Court judge; provide nonpartisan elections................................................................... 111, 160, 853, 1700, 3669

INDEX

6525

HB 752-- Jasper County; board of commissioners; provide staggered terms ........................................................................... 112, 160, 270, 272, 885
HB 753-- Jasper County; Board of Education; change description of districts ................................................................................... 112, 160, 270, 278, 886
HB 754-- Candler County; Board of Commissioners; change description of districts................................................................. 112, 160, 210, 212, 632
HB 755-- Candler County; Board of Education; revise districts ................ 113, 160, 210, 213, 632
HB 756-- Putnam County State Court; law provisions updated and consolidated; provide.................................................................. 113, 160, 210, 213, 632
HB 757-- Putnam County; board of commissioners; change description of districts................................................................. 113, 160, 210, 213, 633
HB 758-- Glynn County; Board of Commissioners; reapportion districts........................................................................................ 114, 160, 210, 214, 995
HB 759-- Glynn County; Board of Education; provide description of districts ................................................................................... 114, 160, 210, 214, 995
HB 760-- Elementary and secondary education; capital outlay funds replace exceptional growth program; broaden eligibility for low-wealth capital outlay grants........................... 114, 160, 333, 635, 3742
HB 761-- Sales and use tax; government contractor of overhead materials for a limited time; add exemption ........................................ 115, 160
HB 762-- Piedmont Judicial Circuit; superior court judgeship; create .................................................................................................... 115, 160
HB 763-- Juries; certain persons ineligible to serve as trial or grand jurors; clarify .................................................................... 115, 160, 237, 325
HB 764-- McIntosh County; Board of Education; change description of districts................................................................. 116, 160, 270, 283, 995
HB 765-- McIntosh County; Board of Commissioners; change description of districts................................................................. 116, 160, 270, 289, 996

6526

INDEX

HB 766-- Archives and History, Division of; law regarding Foundation of American Law and Government displays; revise provisions........................................................ 116, 160, 1399, 1590, 5733
HB 767-- Johnson County; board of education; describe new election districts .......................................................................... 117, 160, 210, 214, 996
HB 768-- Johnson County; board of commissioners; provide commissioner districts ................................................................ 117, 160, 210, 215, 996
HB 769-- Consumers' utility counsel division; not necessary to file copies of filings with Public Service Commission; provide ........................................................................................ 117, 160, 976, 1275, 4955
HB 770-- Harris County; Board of Education; change description of districts ................................................................................... 118, 160, 210, 215, 996
HB 771-- Harris County; Board of Commissioners; change description of districts................................................................. 118, 160, 210, 216, 997
HB 772-- Newton County; board of commissioners; change description of districts............................................................... 118, 160, 1527, 1529, 2240
HB 773-- Newton County; Board of Education; change description of districts............................................................... 119, 160, 1527, 1538, 2240
HB 774-- Morgan County; Board of Commissioners; change description of districts............................................................... 119, 160, 1235, 1238, 1578
HB 775-- Morgan County; Board of Education; change composition and description of districts ................................... 119, 160, 1235, 1244, 1579
HB 776-- Elections; nonpartisan elections for members of consolidated governments considered county elections; provide ........................................................................................ 120, 160, 977, 1427, 1451
HB 777-- Terrell County; Board of Commissioners; change description of districts................................................................. 120, 160, 210, 216, 1154
HB 778-- Inmates; performing services for local governments; clarify provisions ................................................................................. 120, 160

INDEX

6527

HB 779-- Pulaski County; Board of Education; change description of districts................................................................. 120, 160, 210, 216, 997
HB 780-- Labor and industrial relations; unlawful for employer to discriminate because of credit history; provide ................................... 121, 160
HB 781-- Real property; any document securing payment of money shall be deemed a mortgage; provide after 1231-2012 ................................................................................................ 121, 160
HB 782-- Animal Rescue Act; enact.................................................................... 121, 160
HB 783-- Laurens County; Board of Commissioners; change description of districts................................................................. 122, 160, 601, 603, 997
HB 784-- Haralson County; board of education; change description of districts................................................................. 122, 160, 270, 294, 956
HB 785-- Insurance; limitations on licensure requirements for certain health care providers; provide......................................... 122, 160, 797, 891, 4596
HB 786-- Georgia Life and Health Insurance Guaranty Association; provide comprehensive revision; consumers' insurance advocate; not necessary to file insurance rate filings until appropriately funded; provide ........................................................................................ 123, 160, 797, 1213, 5303, 5901, 6286
HB 787-- Behavioral Health, Department of; changes to allocation rates for providers must have legislative ratification; provide.............................................................................. 123, 160
HB 788-- Camden County; Board of Education; change description of districts................................................................. 153, 178, 991, 1020, 1412
HB 789-- Camden County; board of commissioners; change description of districts................................................................. 154, 178, 991, 1027, 1412
HB 790-- Tift County; Board of Education; change description of districts...................................................................................... 154, 178, 1297, 1299, 2178
HB 791-- Tift County; Board of Commissioners; reapportion districts...................................................................................... 154, 178, 1297, 1307, 2178

6528

INDEX

HB 792-- Nonpublic Postsecondary Educational Institutions Act of 1990; operate by means of accreditation; provide authorization ............................................................................. 155, 178, 1220, 2724, 4951
HB 793-- Commercial vehicles; dimension and weight load requirements for emergency tows; provide exception......................... 155, 178
HB 794-- Ad valorem taxation; property; change certain definitions ............................................................................................ 155, 178
HB 795-- All-terrain vehicles; make definitions consistent with industry standards ....................................................................... 155, 178, 848, 1424, 4955
HB 796-- Georgia General Assembly 2011 Session; House Bill 87; repeal provisions............................................................................ 156, 178
HB 797-- Georgia Charter Schools Commission; repeal an article; provide for establishment of State Charter Schools Commission .............................................................................. 156, 178, 1949, 2520, 4951, 5675
HB 798-- Ethics in Government Act; substantially revise................................... 156, 179
HB 799-- Traffic offenses; expungement of conviction for driving under the influence under certain circumstances; provide ................................................................................................ 157, 179
HB 800-- Assistant adjutants general; certain qualifications; change ......................................................................................... 157, 179, 823, 969, 1000, 1579
HB 801-- Georgia Health Insurance Marketplace Authority; establish ............................................................................................... 157, 179
HB 802-- Historic preservation; allow for subdivision of historic property; provide.................................................................................. 158, 179
HB 803-- Gilmer County; Board of Education; change description of districts ................................................................................... 158, 179, 270, 300, 957
HB 804-- Clarke County; change county commission election districts; provide nonbinding advisory referendum.................... 159, 179, 197, 198
HB 805-- State Personnel Administration; make conforming amendments and correct references to abolition and transfer of certain functions to Department of Administrative Services.............................................................. 175, 196, 224, 334, 774, 3701
HB 806-- Transportation, Department of; mandatory appropriation of fuel tax funds carried from one fiscal year to next; provide ................................................................... 175, 196, 269, 347

INDEX

6529

HB 807-- Dropout Deterrent Act; enact............................................................... 175, 196
HB 808-- Taxation; exclusion to certain income of certain disabled veterans; provide ........................................................ 176, 196, 1418, 1992, 5303
HB 809-- High School Athletics Overview Committee; create .......................... 176, 196
HB 810-- Business licenses; verification of lawful residence by applicants; modify requirements.......................................................... 176, 196
HB 811-- Budgetary and financial affairs; automatic fee adjustment in certain cases; provide ........................................... 176, 196, 977, 1276, 4756, 5332, 5568, 5667, 5732
HB 812-- Douglas County; Board of Education; change description of districts................................................................. 177, 196, 270, 300, 957
HB 813-- Douglas County; Board of Commissioners; reapportion districts........................................................................................ 177, 196, 210, 217, 957
HB 814-- Local option sales tax proceeds; annual reporting of expenditures; expand matters .............................................................. 177, 196
HB 815-- Central State Hospital Local Redevelopment Authority Act; enact .................................................................................... 190, 210, 270, 307, 845
HB 816-- Georgia Buy American Act; enact............................................. 191, 210, 1432
HB 817-- Transportation, Department of; power to contract; amend limitations........................................................................ 191, 210, 799, 1160, 1221, 1689, 4955
HB 818-- Income tax credit; certain commercial geothermal heat pumps; include.......................................................................... 191, 210, 1648, 2530, 5303
HB 819-- Vehicle service agreements; retail installment sellers exempted from reinsurance; provide requirements ............................. 192, 210
HB 820-- Guaranteed asset protection waivers; retail seller's requirements to insure waiver obligations; provide exception..................................................................................... 192, 210, 866, 1456
HB 821-- Elementary and secondary education; mandatory attendance; revise certain provisions ......................................... 192, 210, 1417
HB 822-- Georgia Taxpayer Protection False Claims Act; enact............. 193, 210, 1657, 2652, 5304, 5600
HB 823-- Henry County; appointment of county surveyor; provide ........................................................................................ 193, 210, 270, 320, 5636

6530

INDEX

HB 824-- Quality Basic Education Act; calculating equalization grants; revise method .................................................................. 193, 210, 333, 1075, 4951, 5992
HB 825-- Education; time frame relative to hearings before administrative law judges; eliminate ........................................ 193, 210, 1399, 2047
HB 826-- Taxes; imposed on cigars from January 1, 2013; collected through use of stamps; provisions........................................ 194, 210
HB 827-- Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions.............................. 194, 210, 1658, 2593, 5304
HB 828-- Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions .............................. 194, 210, 1221
HB 829-- State house districts; boundaries of certain districts; revise ........................................................................................... 195, 210, 238, 561, 1391
HB 830-- Municipal corporations; certain requirements and standards for incorporation; provide.................................................... 195, 210
HB 831-- Human Services, Department of; include Division of Rehabilitation Services ................................................................ 195, 210, 628
HB 832-- Vidalia onion trademark; royalty and license fee not exceed a certain amount; eliminate requirement ........................ 196, 210, 269, 613, 3945
HB 833-- Terrell County; Board of Education; change description of districts ................................................................................... 205, 236, 601, 611, 1154
HB 834-- Income tax credit; energy costs for certain families; provide ................................................................................................. 206, 236
HB 835-- Vehicles; commercial wreckers exceeding maximum weight for vehicles on highway system when conducting emergency tow; provide annual permits .................. 206, 236, 799, 960, 4751
HB 836-- High School Athletics Overview Committee; create ................ 206, 236, 1417
HB 837-- HOPE grants; lower grade point average for maintaining eligibility; provide ........................................................... 207, 236
HB 838-- Paulding County; Board of Commissioners; revise districts........................................................................................ 207, 236, 824, 826, 3669
HB 839-- Paulding County; Board of Education; revise districts .............. 207, 236, 798, 800, 4595, 4741
HB 840-- Emanuel County; Board of Commissioners; change description of districts................................................................. 208, 236, 926, 928, 1256

INDEX

6531

HB 841-- Emanuel County; Board of Education; change description of districts................................................................. 208, 236, 628, 630, 1154
HB 842-- Decatur, City of; Board of Education; change description of districts................................................................. 208, 236, 601, 611, 3742
HB 843-- Agriculture; farm to school program to promote sale of Georgia products to school districts; provide ...................................... 209, 236
HB 844-- Bonds; certain validation hearing appearance provisions; provide ..................................................................... 209, 236, 616, 1220, 2202
HB 845-- Early care and education programs; influenza vaccine; provide information .................................................................... 209, 236, 977, 1585, 4597
HB 846-- Revenue, Department of; various administrative and procedural requirements; change .............................................. 230, 268, 1648, 2099, 5305
HB 847-- Grady County; board of commissioners; change description of districts................................................................. 230, 268, 601, 611, 1155
HB 848-- Whitfield County; Board of Education; change description of districts................................................................. 231, 268, 824, 833, 1328
HB 849-- Distilled spirits; election superintendent shall hold referendum upon receipt of resolution; provide .................................. 231, 268
HB 850-- Guardian and ward; criminal background checks for persons seeking to become a guardian; provide ........................ 232, 268, 853, 1260
HB 851-- Taxation of intangibles; rates charged by collecting officers; change certain requirements ....................................... 232, 268, 1648, 2596, 5304, 5566, 5800, 6110
HB 852-- Georgia Lemon Law; increase fee collected by new dealers from consumers; provisions .................................................... 232, 268
HB 853-- Georgia Right to Grow Act; enact ............................................... 232, 268, 823
HB 854-- The Small Business Assistance Act of 1975; definitions relative to small business assistance; change certain provisions............................................................................................. 233, 268
HB 855-- Universal Access Fund; duration and amount of certain distributions made; establish limitations ..................................... 233, 268, 976
HB 856-- Elementary and secondary education; students with chronic disciplinary problems; provide observation by parent in classroom .............................................................................. 233, 268

6532

INDEX

HB 857-- Day-care centers; install safety alarms in vehicles used to transport children; permit ...................................................... 234, 268, 1423
HB 858-- Vehicles; add certain persons to those authorized to receive registration records; provide ................................................... 234, 269
HB 859-- State Board of Education; Governor's authority upon a recommendation; revise provisions ..................................................... 234, 269
HB 860-- Lowndes County; Board of Education; change description of districts................................................................. 235, 269, 991, 1033, 1448
HB 861-- Social Responsibility and Accountability Act; enact ............... 235, 269, 2022, 2611, 5540, 6234
HB 862-- Qualified education tax credit; subject to offset; broaden types of tax liability ............................................................... 235, 269
HB 863-- State purchasing; purchases without competitive bidding; change certain provisions ............................................. 236, 269, 978, 1386, 1431, 1515, 1711, 3945
HB 864-- Sales and use tax; retailers under certain circumstances advertise to pay purchaser's tax on transaction; provide ........... 264, 342, 1648
HB 865-- Georgia Motor Common and Contract Carrier Act of 2012; enact.................................................................................. 265, 342, 848, 1337, 4951, 5829
HB 866-- Special license plates; veterans and service members awarded certain distinguished service metals of honor; provide ................................................................................................. 265, 342
HB 867-- Alcoholic beverages; breaking and consumption of packages of wine on premises for conducting wine tastings; authorize ................................................................................ 265, 342
HB 868-- Income tax credits; business enterprises located in less developed areas designated by tiers; provide ........................... 266, 342, 1696, 2533, 3761, 3785
HB 869-- Salt water fisheries management; extensively revise various provisions; Board of Natural Resources; rules and regulations; revise certain provisions................................... 266, 342, 902, 1422, 4954, 5820, 5998
HB 870-- Residential and general contractors; eligibility for license without exam for professional engineers; provide ................................................................................................. 266, 342
HB 871-- Violations of traffic laws; additional penalty to be assessed for driver education purposes; extend expiration date........................................................................... 267, 342, 1518, 1997

INDEX

6533

HB 872-- Commerce and trade; secondary metals recyclers; provide comprehensive revision of provisions; security interests and liens; change certain provisions........................... 267, 342, 1949, 2568, 4952, 5548, 5631, 5647, 5731, 6107, 6138
HB 873-- Income tax credit; certain volunteer firefighters; provide ................................................................................................. 267, 342
HB 874-- Elementary and secondary education; annual reporting of bullying incidents; require............................................................... 267, 342
HB 875-- Natural Resources, Department of; privacy of certain records and personal information; provide ................................. 268, 342, 628, 1334, 5630, 5648, 5732, 5804, 5932, 6108, 6160
HB 876-- Wilkinson County; Board of Education; change description of districts................................................................. 337, 601, 824, 840
HB 877-- Fulton County; Board of Education; change description of districts ................................................................................. 338, 601, 1527, 1546, 3781
HB 878-- Pharmacists and pharmacies; use remote order entry for hospital pharmacies under certain conditions; authorize..................... 338, 601
HB 879-- Elementary and secondary education; care of students with diabetes in school; provide ................................................. 338, 601, 977, 1381, 4756, 5458
HB 880-- Professions and businesses; real estate professionals; change certain provisions............................................................ 339, 601, 824, 1493
HB 881-- Contracts and purchases by public schools; contractual and purchasing preferences for Georgia service providers; modify provisions............................................................... 339, 601
HB 882-- Lanier County; Board of Education; revise districts .................. 340, 601, 824, 840, 1155
HB 883-- Lanier County; board of commissioners; revise districts ........... 340, 601, 824, 841, 1155
HB 884-- Motor vehicles; temporary plates or drive-out tags for trailers; provide .................................................................................... 340, 601
HB 885-- Dodge County; Board of Education; change description of districts ................................................................................... 340, 601, 824, 841, 1328

6534

INDEX

HB 886-- Banking and finance; credit exposure as a counterparty in derivative transactions; limit certain obligations.................... 341, 601, 782, 1214, 3743
HB 887-- Natural Resources, Department of; solicit and accept gifts, donations, and contributions; authorize...................................... 341, 601
HB 888-- Secondary metals recyclers; comprehensive regulation of theft of regulated metal property; provide....................................... 341, 601
HB 889-- Georgia Government Transparency and Campaign Finance Commission; rule making powers; provide ........................... 342, 601
HB 890-- Income tax credit; certain trucks and taxis fueled by natural gas; provide.............................................................................. 342, 601
HB 891-- Employment Security Law; define certain terms; provisions............................................................................................. 596, 627
HB 892-- Carroll County; board of education; change description of districts ................................................................................... 597, 627, 866, 882, 1328
HB 893-- Solid waste management; authorization to enforce collection of taxes, fees, or assessments; repeal provisions............................................................................................. 597, 627
HB 894-- School systems; election to dissolve an independent school system if it becomes financially insolvent; provide ................................................................................................. 597, 627
HB 895-- Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods........................................................................ 598, 627, 867, 1212, 3702
HB 896-- Sales tax; distribution for educational purposes; change certain provisions...................................................................... 598, 627, 1236, 2020, 5366, 5807, 5933
HB 897-- Georgia Workforce Investment Board; revise provisions ........ 598, 627, 1296, 2045, 4597
HB 898-- Georgia Merchant Acquirer Limited Purpose Bank Act; enact .......................................................................................... 599, 627, 1295, 1701, 4952, 5449
HB 899-- Primaries and elections; dates of nonpartisan elections; provide ........................................................................................ 599, 627, 977, 1452, 1646, 2049, 5428
HB 900-- Motor vehicles; cancellation of a certificate of title for scrap metal, dismantled or demolished trailers; provide ............ 599, 627, 977, 1630, 3780, 6114

INDEX

6535

HB 901-- Debtor and creditor; debt adjustment; revise certain provisions............................................................................................. 600, 627
HB 902-- Calhoun County; Board of Education; number of members and the districts where elected; provide...................... 621, 797, 824, 841, 1256
HB 903-- Lower Chattahoochee Regional Airport Authority; remove Clay County and Quitman County from membership................................................................................. 621, 797, 824, 842, 1256
HB 904-- Monroe County Probate Court; future elections for the office of judge shall be nonpartisan; provide ............................. 621, 797, 853, 1013, 2178
HB 905-- Cobb County; Board of Commissioners; change description of districts............................................................... 621, 797, 1128, 1132, 5702, 6051
HB 906-- Pike County; Board of Education; change description of districts........................................................................................ 622, 797, 866, 882, 1257
HB 907-- Jackson County; board of commissioners; change description of districts................................................................. 622, 797, 991, 1043, 1448
HB 908-- Commerce, City of; Independent School Districts; change description of districts .................................................... 623, 797, 926, 933, 1329
HB 909-- Jefferson, City of; public schools; change description of education districts ....................................................................... 623, 797, 991, 1043, 1449
HB 910-- Upson County; board of commissioners; change description of districts................................................................. 623, 797, 866, 883, 1257
HB 911-- Putnam County; change compensation for certain officials ....................................................................................... 624, 797, 824, 842, 1156
HB 912-- Columbia County; Board of Education; change description of districts................................................................. 624, 797, 991, 1047, 1412
HB 913-- Columbia County; Board of Commissioners; change description of districts................................................................. 624, 797, 991, 1052, 1413
HB 914-- Fiscal bills; fiscal notes for bills expected to have substantial impact on anticipated revenue; remove requirement .......................................................................................... 625, 797

6536

INDEX

HB 915-- Tire disposal restrictions; certain persons transporting scrap tires to be paid after delivery is complete; provide .................... 625, 797
HB 916-- Bona fide conservation use property; covenants; change certain qualifications and restrictions ....................................... 600, 627, 1648, 2028, 4954, 5870
HB 917-- Special license plates; prostate cancer awareness and research; provide.................................................................................. 625, 797
HB 918-- State employees; assist any agency in the execution of 50 U.S.C. Section 1541; prohibit......................................................... 625, 797
HB 919-- State health planning and development; correctional long-term care facility; provide definition........................................... 626, 797
HB 920-- Budget reports; tax expenditure review; require certain items........................................................................................... 626, 797, 1517
HB 921-- Murray County; Board of Education; change description of districts................................................................. 626, 797, 926, 934, 1329
HB 922-- Chattooga County; board of education; revise districts.............. 627, 797, 866, 883, 1413
HB 923-- Richmond County; City of Augusta; change description of commissioner districts ............................................................ 790, 822, 991, 1056, 5427
HB 924-- Richmond County; school board; change description of districts........................................................................................ 791, 822, 991, 1056, 5429
HB 925-- McDuffie County; Board of Commissioners; change description of districts................................................................. 791, 822, 926, 934, 1329
HB 926-- McDuffie County; Board of Education; change description of districts................................................................. 791, 822, 926, 934, 1330
HB 927-- Thomson, City of; city council; change description of election districts .......................................................................... 792, 822, 926, 935, 1330
HB 928-- Peace Officer's Annuity and Benefit Fund; board of trustees authorized to employ a hearing officer; provide ........... 792, 822, 893, 1298, 2006, 5513
HB 929-- Judicial circuits; assistant district attorney for certain populations; repeal office............................................................ 792, 822, 902, 1161, 5933
HB 930-- Judicial circuits; superior court judge for certain populations; repeal supplemental expense allowance ................ 793, 822, 902, 1162, 5933

INDEX

6537

HB 931-- Insurance; state domestic farmers' mutual fire insurance companies; update provisions................................................... 793, 822, 1235, 2019
HB 932-- Taxation; nonresident subcontractor withholding payments; change required percentage....................................... 793, 822, 903, 1592, 5688
HB 933-- Cemetery and funeral services; modify provisions relating to funeral directors and cemeterians; preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program........................ 794, 822, 903, 1628, 4952, 5874, 6171
HB 934-- State agencies; guaranteed energy savings performance contracts; change certain provisions......................................... 794, 822, 1418, 1987
HB 935-- Elementary and secondary education; school health nurse programs; revise provisions ....................................................... 794, 822
HB 936-- Quality Basic Education Act; category-level expenditure controls for staff development funds; provide ................................................................................................. 795, 822
HB 937-- Bait shrimp dealers; shrimp transported; increase limit to 200 quarts......................................................................................... 795, 822
HB 938-- Sales and use tax; Article 5 relating to a transportation tax; repeal and reenact ......................................................................... 795, 822
HB 939-- Primaries and elections; candidate disqualification is result of error then qualifying fee may be refunded; provide ................................................................................................. 796, 822
HB 940-- Georgia Public Defender Standards Council; pay attorney in event of conflict of interest in capital cases; change certain provisions.......................................................... 816, 865, 1647, 2689
HB 941-- Houston County; Board of Education; change description of districts................................................................. 817, 865, 991, 1056, 2178
HB 942-- Official Code of Georgia; revise, modernize and correct errors or omissions.................................................................... 817, 865, 1220, 1589, 4956
HB 943-- Alcoholic beverages; number of retail dealer licenses a person may hold or have interest in; change ....................................... 817, 865
HB 944-- Official Code of Georgia; retirement and pensions; revise, modernize, and correct errors or omissions .................. 818, 865, 1220, 1587, 4956

6538

INDEX

HB 945-- Banks and trust companies; issuance of non-cash valued shares with approval; provide................................................... 818, 865, 1295, 2008, 5631
HB 946-- Mortgage lenders and brokers; certain mortgage activities without a license; prohibit ......................................... 818, 865, 1295, 2687
HB 947-- Warren County; Board of Education; change description of districts................................................................. 819, 865, 991, 1066, 1413
HB 948-- Child abuse; mandatory reporting requirements; expand.................... 819, 865
HB 949-- Primaries and elections; number of signatures for certain petitions shall be based on the turnout in last presidential election; provide....................................................... 796, 822, 977
HB 950-- Excessive interest rates; motor vehicle title loan brokers; exclude from a 5 percent per month interest limit ...................................................................................................... 819, 865
HB 951-- State financing and investment; general obligation debt may only be used for purposes authorized by General Assembly; provide ............................................................................... 819, 865
HB 952-- Pharmacists and pharmacies; definitions of certain opioid drugs; provide ................................................................. 820, 865, 1526
HB 953-- Funeral directors and cemeterians; allow electronic signatures for funeral services and related preneed contracts; modify provisions...................................................... 820, 866, 1297
HB 954-- Abortion; criminal abortion; change certain provisions ........... 821, 866, 1518, 1936, 4953, 5294, 5423, 5799, 5823, 6172, 6177
HB 955-- Georgia Life and Health Insurance Guaranty Association; provide comprehensive revision of the provisions.................................................................................. 858, 926, 1235, 1465
HB 956-- Berkeley Lake, City of; change corporate limits ...................... 858, 926, 1439, 1440, 4914
HB 957-- Social Circle, City of; School District; change description of education districts .............................................. 858, 926, 1527, 1547, 2240
HB 958-- Crawford County; Board of Education; change description of districts............................................................... 859, 926, 1235, 1249, 3670
HB 959-- Crawford County; Board of Commissioners; revise districts...................................................................................... 859, 926, 1235, 1250, 1663

INDEX

6539

HB 960-- Insurance companies; relative to claimant's offers to settle tort claims involving liability insurance policies; provide procedure ................................................................................ 859, 926
HB 961-- Homeowners' Solar Bill of Rights; enact ................................. 860, 926, 1657, 2717
HB 962-- Bibb County; board of commissioners; change description of districts................................................................. 822, 866, 991, 1066, 3944, 4544
HB 963-- Bibb County; Board of Public Education; change description of districts................................................................. 822, 866, 991, 1073, 4757, 5525
HB 964-- The Pharmacy Audit Bill of Rights; recoupment pursuant to an audit under certain circumstances; limit ............ 860, 926, 1218
HB 965-- Income tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes; change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations .......... 860, 926, 1418, 2205, 5429, 6240
HB 966-- Human Services, Department of; examine income tax records held by Department of Revenue; allow .................................. 860, 926
HB 967-- Income tax; withholding tax on taxable income of nonresident members of certain associations; change certain provisions...................................................................... 861, 926, 1418, 2207
HB 968-- State properties code; disposition of state property; revise certain provisions ...................................................................... 861, 926
HB 969-- White County; Board of Education; provide for new districts...................................................................................... 861, 926, 1297, 1315, 1663
HB 970-- White County; Board of Commissioners; provide new districts...................................................................................... 862, 926, 1297, 1315, 1664
HB 971-- Workers' compensation; settlement agreements between parties; change certain provisions; change certain provisions relating to appointment of conservator for a minor or an incompetent claimant ............................................ 862, 926, 1296, 1511, 5429, 6280
HB 972-- Georgia Pain Management Clinic Act; enact ........................... 862, 926, 1526, 2080, 5446
HB 973-- Bryan County; Board of Commissioners; change description of districts............................................................... 863, 926, 1297, 1316, 2179
HB 974-- Caylee Anthony's Law; enact .............................................................. 863, 926

6540

INDEX

HB 975-- Habersham County; school district ad valorem tax; provide homestead exemption .................................................... 863, 926, 991, 1074, 1449
HB 976-- Hart County; Board of Commissioners; change description of districts............................................................... 864, 926, 1235, 1250, 1579
HB 977-- Hart County; Board of Education; change description of districts...................................................................................... 864, 926, 1235, 1250, 1579
HB 978-- Cherokee County; Board of Education; revise districts ........... 864, 926, 1297, 1316, 1664
HB 979-- Cherokee County; board of commissioners; revise districts...................................................................................... 865, 926, 1297, 1316, 1664
HB 980-- Gainesville, City of; board of education; revise districts ......... 865, 926, 1235, 1251, 1665
HB 981-- Firearms and weapons; carrying, possession and disposition; change provisions............................................................. 905, 990
HB 982-- Natural Resources, Department of; African American Cultural Preservation Office; create .................................................... 906, 990
HB 983-- Family violence orders; person who seeks and obtains an order violates such order by engaging in certain activity; provide ................................................................................... 906, 990
HB 984-- Conservation and Natural Resources; permits for interbasin transfers only be granted as last resort; require .................................................................................................. 906, 990
HB 985-- Motor Vehicles; temporary license plates; modify provisions.................................................................................. 907, 990, 1647, 2588, 4752
HB 986-- Insurance; dispute or complaint involving material not in English, the English version shall control the resolution; provide .................................................................... 907, 990, 1235, 1629, 1657, 1985
HB 987-- Peace Officers' Annuity and Benefit Fund; member who ceases to be employed shall notify the retirement fund immediately; provide ................................................................ 907, 990, 1298, 2007, 5445
HB 988-- Holidays and observances; Kindness Week; provide................ 908, 990, 1423
HB 989-- State accounting office; accounting officer to pay state obligations to vendors within certain time period; direct .................... 908, 990
HB 990-- Municipal corporations; control over parks and fire stations; change certain provisions ........................................... 908, 990, 1399, 1680, 5445

INDEX

6541

HB 991-- Sheriffs; how vacancies are filled; change provisions.............. 908, 990, 1646, 1998, 4956
HB 992-- Education; mandatory for children between ages six and sixteen; change age requirements ........................................................ 909, 990
HB 993-- Revenue; sales and use tax; change certain definitions....................... 909, 990
HB 994-- Ad valorem taxation; preferential assessment of brownfield property; extend under certain circumstances............................................................................ 909, 990, 1648, 2201
HB 995-- Fiscal bills; Office of Planning and Budget; remove from fiscal note process ....................................................................... 909, 990
HB 996-- Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions............................................... 910, 990
HB 997-- Crimes and offenses; new crime of false lien statements against public officers; provide ................................................ 910, 990, 1391, 2001, 5637
HB 998-- Chatham County; board of commissioners; change description of districts............................................................... 910, 990, 4925, 4926, 5633
HB 999-- Chatham County; City of Savannah; board of education; change description of districts................................. 911, 990, 4925, 4937, 5633
HB 1000-- Irwin County; Board of Commissioners; change description of districts............................................................... 911, 990, 1235, 1251, 1580
HB 1001-- Irwin County; Board of Education; change description of districts ................................................................................. 911, 990, 1235, 1252, 1580
HB 1002-- Ben Hill County; Board of Commissioners; change description of districts............................................................... 911, 990, 1297, 1317, 2179
HB 1003-- Telfair County; Board of Commissioners; change description of districts............................................................... 912, 990, 1297, 1317, 2179
HB 1004-- Coffee County; board of commissioners; change description of districts............................................................... 912, 990, 1527, 1549, 2245, 2773
HB 1005-- Coffee County; Board of Education; change description of districts ................................................................................. 912, 990, 1527, 1550, 2241
HB 1006-- Chamblee, City of; corporate limits; change ............................ 913, 990, 1297, 1317, 3673, 3776

6542

INDEX

HB 1007-- Liberty County; Board of Commissioners; change description of districts............................................................... 913, 990, 1297, 1318, 1955
HB 1008-- Liberty County; Board of Education; change description of districts............................................................... 913, 990, 1297, 1318, 1955
HB 1009-- Worth County; board of commissioners; reapportion districts...................................................................................... 914, 990, 1235, 1252, 1580
HB 1010-- Worth County; Board of Education; reapportion districts...................................................................................... 914, 990, 1235, 1252, 1580
HB 1011-- Clarke County; City of Athens; board of education; change districts ......................................................................... 914, 990, 1297, 1318, 2179
HB 1012-- Commerce, City of; board of commissioners; change description of districts............................................................... 915, 990, 1297, 1319, 2180
HB 1013-- Jackson County; School System; change description of districts...................................................................................... 915, 990, 1297, 1319, 2180
HB 1014-- Lavonia, City of; corporate limits; change and extend............. 915, 990, 1128, 1130
HB 1015-- Jenkins County; board of commissioners; revise districts...................................................................................... 916, 990, 2745, 2748, 3781
HB 1016-- Franklin County; board of commissioners; change description of districts............................................................... 916, 990, 1297, 1319, 1665
HB 1017-- Franklin County; Board of Education; change description of districts............................................................... 916, 990, 1297, 1320, 1665
HB 1018-- Grady County; board of education; change description of districts ................................................................................. 917, 990, 1297, 1320, 1956
HB 1019-- Dekalb County; City of Doraville; filling of vacancies in offices of mayor and councilmember; provide..................... 917, 990, 1128, 1130, 1449
HB 1020-- Evans County; board of commissioners; change description of districts............................................................... 917, 990, 1297, 1320, 1665

INDEX

6543

HB 1021-- Evans County; Board of Education; change description of districts ................................................................................. 918, 990, 1297, 1321, 1666
HB 1022-- Lowndes County; board of commissioners; change description of districts............................................................... 918, 990, 1527, 1558, 2241
HB 1023-- Polk County; Board of Education; revise districts ................... 918, 990, 1297, 1321, 4915
HB 1024-- Budget commission; certain counties; population and census application; revise and change ...................................... 919, 990, 1296, 2005, 5447
HB 1025-- Dekalb County State Court; change certain fees ...................... 919, 990, 1400, 1402, 4915
HB 1026-- Municipalities; law enforcement contracts; population brackets and census; change provisions ................................... 919, 990, 1296, 1984, 5447
HB 1027-- Income tax; job tax credit; change certain definitions; tax credit for film or video production in Georgia; change certain provisions.......................................................... 919, 990, 1696, 2188, 2549, 2619, 5446, 5464
HB 1028-- Laurens County; Board of Education; change description of districts............................................................... 920, 990, 1297, 1321, 2180
HB 1029-- Screven County; Board of Education; revise districts.............. 920, 990, 1297, 1322, 1666
HB 1030-- Unemployment insurance trust fund; law relating to amount and manner of fund collected; revise provisions .................... 920, 990
HB 1031-- Greene County; board of education; change compensation for chairperson and members of board.............. 921, 990, 1235, 1253, 1581
HB 1032-- Revenue and taxation; income tax; change certain definitions ............................................................................................ 921, 990
HB 1033-- Revenue and taxation; income tax; change certain definitions ............................................................................................ 921, 990
HB 1034-- Revenue and taxation; sales and use tax; change certain definitions ............................................................................................ 921, 990
HB 1035-- Revenue and taxation; sales and use tax; change certain definitions ............................................................................................ 922, 990
HB 1036-- Revenue and taxation; sales and use tax; change certain definitions ............................................................................................ 922, 990
HB 1037-- Madison County; Board of Education; revise districts........... 980, 1128, 1297, 1322, 1666

6544

INDEX

HB 1038-- Madison County; Board of Commissioners; revise districts.................................................................................... 980, 1128, 1297, 1323, 1667
HB 1039-- Montgomery County; Board of Commissioners; change description of districts............................................................. 980, 1128, 1297, 1323, 1667
HB 1040-- Glascock County; Board of Education; revise districts.......... 981, 1128, 1297, 1323, 1667
HB 1041-- Bartow County; Board of Education; change description of districts............................................................. 981, 1128, 1297, 1324, 4914, 5530
HB 1042-- Property; mortgage holder must file deeds under power after foreclosure sale; amend time ..................................................... 981, 1128
HB 1043-- Animals; importation of white-tailed deer from other states to this state for breeding purposes; provide regulation ................................................................................. 981, 1128, 1516
HB 1044-- Special license plates; supporting nurses in Georgia and nursing profession; provide ............................................................... 982, 1128
HB 1045-- Education; athletic coaches; complete sports safety course prior to service; provide ......................................................... 982, 1128
HB 1046-- Crimes and offenses; discharging gun or pistol near public highway or street; change provisions ..................................... 982, 1128
HB 1047-- Property; showing of fair market value to obtain judgment on deed to secure debt or mortgage prior to foreclosure; provide ........................................................................... 983, 1128
HB 1048-- Civil practice; who may serve process; change provisions; superior court clerks; provide for filing fees for applications for certified process servers ............................ 923, 990, 1657, 2685, 5934
HB 1049-- Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; change applicability and requirements; change certain definitions ......................................................... 923, 990, 1418, 2153, 5446, 6040
HB 1050-- Georgia Tourism Development Act; Department of Community Affairs; refund sales tax for tourism attractions; authorize............................................................................ 924, 990
HB 1051-- Public transit authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions .......................................... 924, 990, 1659, 2598, 4953, 6267
HB 1052-- Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors ........................................ 924, 990, 1659, 2600, 4953, 6269

INDEX

6545

HB 1053-- Sales and use tax; exemptions for certain items on specified dates; provide ....................................................................... 925, 990
HB 1054-- Sales and use tax; deductions or refund amounts charged off private label credit card or dealer credit programs; provide requirements .......................................................... 925, 990
HB 1055-- Sales and use tax; aircraft used for spraying agricultural crops; provide exemption .................................................................... 925, 990
HB 1056-- Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions.................................. 983, 1128, 1418, 2091
HB 1057-- Jenkins County; board of education; revise districts .............. 983, 1128, 2745, 2754, 3781
HB 1058-- Eminent domain; ownership of property seized to mitigate blight may be transferred within 20 years of condemnation; provide ...................................................................... 984, 1128
HB 1059-- Burke County; Board of Commissioners; change description of districts............................................................. 984, 1128, 1400, 1403, 1956
HB 1060-- Burke County; Board of Education; change description of districts ............................................................................... 984, 1128, 1400, 1403, 1956
HB 1061-- Hearing Aid Coverage for Children Act; enact ................................. 985, 1128
HB 1062-- Taxation; actuarial investigation and legislative procedures for review and perfection of all bills proposing tax exemptions; provide.................................................... 985, 1128
HB 1063-- Troup County Airport Authority; change membership of authority.............................................................................. 985, 1128, 1235, 1253, 1581
HB 1064-- Conservation and Natural Resources; occupying liveaboards; repeal provisions ....................................................... 985, 1128, 1658
HB 1065-- Alcoholic beverages; tax payment and reporting by licensees; change certain provisions....................................... 986, 1128, 1297, 1983
HB 1066-- Alcoholic beverages; licenses; change certain provisions................................................................................ 986, 1128, 1297, 1657, 2635, 5667
HB 1067-- Portable electronics insurance; issuance and regulation of limited licenses to sell; provide revision of provisions; English version of material controls resolution of dispute; provide certain state contracting and bidding requirements........................................................ 986, 1128, 1657, 2190, 5801, 5968

6546

INDEX

HB 1068-- Prescription drugs; reference product license holder shall have immunity from liability from claims for loss from use of biosimilar biological products; provide ......................... 987, 1128
HB 1069-- Pharmacists and pharmacies; revise definition of security paper.......................................................................... 987, 1128, 1526, 2002
HB 1070-- Brantley County; school district ad valorem tax; provide homestead exemption ................................................ 987, 1128, 1235, 1253, 1667
HB 1071-- Excise tax; certain tobacco products; change certain provisions................................................................................ 987, 1128, 1648, 2704, 5447, 5744
HB 1072-- Veterans Service Board; apply for certification for Georgia State War Veterans' Home to participate in medicare and Medicaid programs; require ........................................ 988, 1128
HB 1073-- Income tax credit; certain contributions to public schools; provide ................................................................................. 988, 1128
HB 1074-- Long County; Board of Commissioners; change description of districts........................................................... 1120, 1234, 1400, 1403, 1957
HB 1075-- Long County; Board of Education; change description of districts ............................................................................. 1121, 1234, 1400, 1404, 1957
HB 1076-- Talbot County; Board of Commissioners; change description of districts........................................................... 1121, 1234, 1400, 1404, 1957
HB 1077-- Talbot County; Board of Education; revise districts ............ 1121, 1234, 1400, 1404, 1957
HB 1078-- Courts; orders of delinquency for children who are victims of sexual abuse or sexual trafficking; provide for modification ............................................................................... 1122, 1234
HB 1079-- Uniform Fraudulent Transfer Act; charitable contributions made shall not be deemed fraudulent when received in good faith; provide .............................................. 1122, 1234
HB 1080-- Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; eliminate Advisory Committee........................ 1122, 1234, 1656, 2548, 4954
HB 1081-- Georgia Emergency Management Agency; licensing of nongovernmental rescue organizations, groups, teams, search and rescue dog teams; eliminate................................. 1123, 1234, 1658
HB 1082-- Cook County Magistrate Court; future elections for chief magistrate shall be nonpartisan elections; provide ...... 1123, 1234, 1296, 1627, 3670

INDEX

6547

HB 1083-- Cook County; Board of Education; change description of districts ............................................................................. 1123, 1234, 1400, 1405, 1958
HB 1084-- Cook County; Board of Commissioners; change description of districts........................................................... 1124, 1234, 1400, 1405, 1958
HB 1085-- Budget commission; counties having population of 300,000 or more according to census; repeal Act.................. 1124, 1234, 1296
HB 1086-- Labor and industrial relations; mandatory immunizations or vaccinations by employers under certain circumstances; prohibit ........................................................ 1124, 1234
HB 1087-- Colquitt County; Board of Commissioners; change description of districts........................................................... 1124, 1234, 1400, 1405, 1958
HB 1088-- Colquitt County; Board of Education; change description of districts........................................................... 1125, 1234, 1400, 1406, 1958
HB 1089-- Local government; zoning proposal review procedures; repeal section and reserve ..................................................... 1125, 1234, 2022, 2651, 5474
HB 1090-- Dekalb, City of; provide a charter ................................................... 1125, 1234
HB 1091-- Pike County; School District ad valorem tax; provide homestead exemption ........................................................... 1126, 1234, 1400, 1406, 1959
HB 1092-- Stillmore, City of; staggered terms for members of city council; provide .................................................................... 1126, 1234, 1400, 1406, 1959
HB 1093-- Crimes and offenses; removal of shopping carts and required posting of Code section in stores and markets; change provisions ................................................................. 1126, 1234, 1949, 2700, 5474
HB 1094-- Intangible tax; population brackets and census relative to commission on collection of taxes; change certain provisions......................................................................................... 1127, 1234
HB 1095-- Brooks County; board of commissioners; provide new districts.................................................................................. 1225, 1294, 1527, 1569, 2241
HB 1096-- Brooks County; board of education; provide new districts.................................................................................. 1225, 1294, 1527, 1569, 2241
HB 1097-- City of Emerson Community Improvement Districts Act; enact .............................................................................. 1225, 1294, 1949, 1965, 4916

6548

INDEX

HB 1098-- Berrien County; Board of Commissioners; provide new districts.................................................................................. 1226, 1294, 1527, 1570, 2242
HB 1099-- Berrien County; Board of Education; change description of districts........................................................... 1226, 1294, 1527, 1570, 2242
HB 1100-- Berrien County; airport authority; increase membership of board ................................................................................. 1226, 1294, 1400, 1407, 1959
HB 1101-- Rabun County; Board of Education; change description of districts ............................................................................. 1226, 1294, 1527, 1570, 3670
HB 1102-- Solid waste management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grave period for buyers of property............................................................................. 1227, 1294, 1387, 1518, 1996, 5826, 6172
HB 1103-- Cobb County; Board of Education; change description of districts ........................................................................................ 1227, 1294
HB 1104-- Sales and use tax; raffles conducted for certain nonprofit organizations; provide exemption.................................... 1227, 1294
HB 1105-- Ethics in Government Act; substantially revise; rename Georgia Government Transparency and Campaign Finance Commission as the State Ethics Commission.................... 1228, 1294
HB 1106-- Meriwether County; Board of Commissioners; change description of districts........................................................... 1228, 1294, 1527, 1571, 2242
HB 1107-- Meriwether County; Board of Education; change description of districts........................................................... 1228, 1294, 1527, 1571, 2243
HB 1108-- Monroe County; Board of Education; change description of districts........................................................... 1229, 1294, 1527, 1572, 2243
HB 1109-- Monroe County; board of commissioners; change description of districts........................................................... 1229, 1295, 1527, 1572, 2243
HB 1110-- Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions .............. 1127, 1234, 1526, 2644, 5631

INDEX

6549

HB 1111-- Atkinson County; Board of Commissioners; change description of districts........................................................... 1229, 1295, 1527, 1572, 2243
HB 1112-- Atkinson County; Board of Education; change description of districts........................................................... 1230, 1295, 1527, 1573, 2244
HB 1113-- DeKalb County; levy an excise tax ...................................... 1230, 1295, 1400, 1401, 1407, 3673, 3897, 3941, 5689, 6049, 6106, 6109
HB 1114-- Homicide; offering to assist in commission of suicide; repeal certain provisions; prohibit assisted suicide .............. 1230, 1295, 1647, 2583, 5473, 5987, 6267
HB 1115-- Public utilities and public transportation; telecommunications; revise and update certain provisions.............................................................................. 1230, 1295, 1656, 2199, 4956
HB 1116-- Abortion; prohibit performance of vasectomies .............................. 1231, 1295
HB 1117-- Local government; approval of bonded debt by election; population brackets and the census; change certain provisions.............................................................................. 1231, 1295, 1518, 2044, 5473, 5828
HB 1118-- Trion, Town of; provide new charter.................................... 1231, 1295, 1400, 1407, 3780, 3910
HB 1119-- Atkinson County; Probate Court judge; provide nonpartisan elections............................................................. 1232, 1295, 1518, 2589, 3702
HB 1120-- Atkinson County; chief magistrate judge; provide nonpartisan elections............................................................. 1232, 1295, 1518, 2590, 3702
HB 1121-- Coffee County; chief magistrate judge; provide nonpartisan elections............................................................. 1232, 1295, 1518, 2592, 3702
HB 1122-- Flowery Branch, City of; establish corporate limits............. 1232, 1295, 1439, 1445, 2181
HB 1123-- Annexation; unincorporated islands; repeal Article 6 .......... 1233, 1295, 1646, 2204
HB 1124-- Pharmacists and pharmacies; prescription biologic product and biosimilar product; define............................................ 1233, 1295
HB 1125-- The Pharmacy Audit Bill of Rights; recoupment pursuant to an audit under certain circumstances; limit .................. 1233, 1295

6550

INDEX

HB 1126-- Mitchell County; Board of Commissioners; change description of districts........................................................... 1286, 1398, 1527, 1573, 2244
HB 1127-- Mitchell County; Board of Education; change districts ....... 1287, 1398, 1527, 1573, 2244
HB 1128-- Education; leasing of certain public school property for the purpose of erecting telecommunication towers; prohibit............................................................................................. 1287, 1398
HB 1129-- Town of Braselton Community Improvement District; apply for, receive, administer, or utilize grants from federal, state, county or municipal governments under certain conditions; allow....................................................... 1287, 1398, 1439, 1445, 2181
HB 1130-- Georgia State Board of Pharmacy; administratively attached to Department of Community Health; provide ................. 1288, 1398
HB 1131-- Haralson County; Board of Commissioners; change description of districts........................................................... 1288, 1398, 1527, 1574, 4916
HB 1132-- Fair Business Practices Act of 1975; oversight by administrator of certain telemarketing practices; provide .... 1288, 1398, 2022, 2630, 4752
HB 1133-- Restoration of licenses; certified DUI Alcohol or Drug Use Risk Reduction Programs; modify provisions.......................... 1289, 1398
HB 1134-- Driver training instructors and schools; definitions and exceptions; modify provisions......................................................... 1289, 1398
HB 1135-- Restoration of licenses; certified DUI Alcohol or Drug Use Risk Reduction Programs; modify provisions.......................... 1289, 1398
HB 1136-- Driving under the influence; clinical evaluation; modify provisions......................................................................................... 1289, 1398
HB 1137-- Restoration of licenses; certified driver improvement programs for purposes of completing certain probation requirements; require ....................................................................... 1290, 1398
HB 1138-- Elections; contributions; limit amount permitted by entities other than individuals.......................................................... 1290, 1398
HB 1139-- Citizens' Redistricting Commission; create..................................... 1290, 1398
HB 1140-- Ethics in government; definition of a lobbyist; change................... 1291, 1398
HB 1141-- Georgia Sheriffs' Cooperative Authority; create ................... 1291, 1398, 1658
HB 1142-- Gwinnett County Recorder's Court; clerk's compensation; change provisions ......................................... 1291, 1398, 1439, 1445, 3743
HB 1143-- Persons licensed to practice orthotics or prosthetics; continuing education requirements; revise provisions .......... 1291, 1398, 1526

INDEX

6551

HB 1144-- Lamar County; Board of Education; change description of districts ............................................................................. 1292, 1398, 1527, 1574, 2244
HB 1145-- Lamar County; Board of Commissioners; change description of districts........................................................... 1292, 1398, 1527, 1574, 2245
HB 1146-- Georgia Vocational Rehabilitation Services Board; create ..................................................................................... 1234, 1295, 1423, 1638, 3945
HB 1147-- HOPE scholarships and grants; Zell Miller Scholar; revise definition ............................................................................... 1292, 1398
HB 1148-- Haralson County; office of treasurer; abolish....................... 1293, 1398, 1439, 1445, 2181
HB 1149-- Physicians; administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements; authorize........................................................................................... 1293, 1398
HB 1150-- Wayne County; Board of Commissioners; change description of districts........................................................... 1394, 1438, 3653, 3654, 3946
HB 1151-- Wayne County; Board of Education; revise districts ........... 1395, 1438, 3653, 3660, 3946
HB 1152-- Lumpkin County; whether package sale of distilled spirits be permitted; provide advisory referendum.......................... 1395, 1438
HB 1153-- Business and occupation tax; infrastructure fee of $2.00 on purchase of any ticket for events where more than 2,000 tickets available for retail sale; impose.................................. 1395, 1438
HB 1154-- Milton, City of; Public Buildings and Facilities Authority; authorize city councilmembers to be appointed............................................................................... 1395, 1438, 1527, 1575, 5283
HB 1155-- HOPE scholarships and grants; Zell Miller Scholars at eligible public postsecondary institutions; limit number................. 1396, 1438
HB 1156-- HOPE scholarships and grants; purposes of eligibility; add maximum annual household income requirement .................... 1396, 1438
HB 1157-- HOPE scholarships and grants; Zell Miller Scholar; revise definition ............................................................................... 1396, 1438
HB 1158-- Ben Hill County; Board of Education; change description of districts........................................................... 1396, 1438, 1527, 1575, 2245
HB 1159-- Joint Study Commission on Education for Parents with Newborn Children; create...................................................... 1397, 1438, 2089

6552

INDEX

HB 1160-- Public Service Commission; term and manner of election of chairperson; change ............................................ 1294, 1398, 1656, 2098, 2733, 3642
HB 1161-- Hospitals and related institutions; minimum training requirements for personal care home employees; provide ............................................................................................. 1397, 1438
HB 1162-- Revenue, Department of; sponsorship for certain additional services for the benefit of taxpayers; provide................. 1397, 1438
HB 1163-- Psychologists; practice of psychology; clarify ................................ 1398, 1438
HB 1164-- Sales and use tax; sales of program materials by certain organizations used by churches to provide youth sports activities; provide exemption........................................................... 1434, 1526
HB 1165-- Taxation; unreturned property; eliminate population provisions; provide penalties ................................................ 1435, 1526, 1696, 2649, 5474
HB 1166-- Insurance; individual health insurance coverage to children through child-only health plans; provide................ 1435, 1526, 2092, 4957
HB 1167-- Columbia County; Board of Commissioners; provide term limits for chairperson and members ............................. 1435, 1526, 1657, 1660, 3670
HB 1168-- Death penalty; repeal in this state .................................................... 1436, 1526
HB 1169-- Local option sales tax; distribution of tax proceeds; change provisions ............................................................................ 1436, 1526
HB 1170-- Early care and learning; family day-care homes; revise limitation.......................................................................................... 1436, 1526
HB 1171-- Macon-Bibb County; create and incorporate new political body corporate ........................................................ 1436, 1526, 1949, 1979, 3944, 4548
HB 1172-- Manchester, City of; provide election districts..................... 1521, 1656, 1949, 1980, 3671
HB 1173-- Insurance; consumer protections related to aftermarket emissions parts and aftermarket safety parts; provide..................... 1521, 1656
HB 1174-- Natural Gas Competition and Deregulation Act; Public Service Commission shall adopt certain rules with respect to charges for natural gas used in structures where poultry are raised; provide .................................................... 1521, 1656
HB 1175-- Insurance; procedure relative to claimant's offers to settle tort claims involving liability policies; provide ........... 1437, 1526, 1657
HB 1176-- 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions .......................... 1437, 1526, 3894, 4628, 5428, 5541

INDEX

6553

HB 1177-- Cobb County; Magistrate Court; provide for collection of law library fees ................................................................. 1521, 1656, 1949, 1980, 4916
HB 1178-- Education, Department of; ten-year projection of costs for bills to create a program or funding category having impact on revenues or expenditures; require ........................ 1522, 1656, 1942, 1949, 2188, 5631
HB 1179-- Lincoln County; Board of Commissioners; change description of districts........................................................... 1522, 1656, 2745, 2760, 3782
HB 1180-- Lincoln County; Board of Education; change description of districts........................................................... 1522, 1656, 2745, 2760, 3782
HB 1181-- Local government; tenants of airports authorized to be members of airport authority or commission; provide .................... 1523, 1656
HB 1182-- Condominiums; prohibiting display of for sale sign by unit owner; prevent association ....................................................... 1523, 1656
HB 1183-- Montgomery County; Board of Education; change description of districts........................................................... 1523, 1656, 1949, 1980, 3671
HB 1184-- Moreland, Town of; change terms and dates of election of mayor and alderman ......................................................... 1524, 1656, 1949, 1981, 3671
HB 1185-- Cochran, City of; provide new charter ................................. 1524, 1656, 1949, 1981, 3671
HB 1186-- Agricultural products dealers; applicability of general provisions to persons who buy for cash; provide .................. 1524, 1656, 1695
HB 1187-- Hiram, City of; create the position of city manager ............. 1524, 1656, 1949, 1981, 3672
HB 1188-- Oak Grove Cemetery Authority; create................................ 1650, 1948, 2167, 2170, 3703
HB 1189-- Crimes and offenses; drug-free church zones; establish ................. 1651, 1948
HB 1190-- Motor vehicles; state law violation for drivers of commercial vehicles who fail to be restrained by a seat safety belt on roads and highways; provide..................................... 1651, 1948
HB 1191-- Lavonia, City of; levy an excise tax ..................................... 1651, 1948, 2167, 2170, 3672
HB 1192-- Elementary and secondary education; annual fitness assessment program; repeal requirements ....................................... 1651, 1948
HB 1193-- Monroe County Public Facilities Authority Act; limiting authority to issue revenue bonds to four years; repeal certain provisions ....................................................... 1652, 1948, 2167, 2171, 3703

6554

INDEX

HB 1194-- Taxation; income received as retirement benefits from military service not subject to state income tax; provide ................ 1652, 1948
HB 1195-- Chattooga County; revise compensation of commissioner ........................................................................ 1652, 1948, 2167, 2171, 3672
HB 1196-- Macon Water Authority Act; change description of electoral districts ................................................................... 1652, 1948, 2167, 2171, 3944, 4589
HB 1197-- DeKalb County; operation of telecommunications towers on certain public school property; prohibit ......................... 1653, 1948
HB 1198-- Parent and child; grandparent visitation rights; modify provisions.............................................................................. 1525, 1656, 2022, 2196, 4954, 5569
HB 1199-- Georgia Regional Transportation Authority; amend provisions; establish Transit Governance Council .......................... 1653, 1948
HB 1200-- Georgia Regional Mass Transit Act of 2012; enact ........................ 1653, 1948
HB 1201-- Georgia Treated Timber Products of 1973; repeal .......................... 1654, 1948
HB 1202-- Clayton County; board of commissioners; revise districts.................................................................................. 1654, 1948, 2167, 2172, 3703
HB 1203-- Augusta-Richmond County Coliseum Authority; appointed members may be reappointed to succeed themselves; provide .............................................................. 1944, 2166, 2745, 2760, 3782
HB 1204-- Duluth, City of; change corporate limits of city ................... 1945, 2166, 2745, 2761, 5282, 5531
HB 1205-- Lawrenceville, City of; change term of office for mayor..... 1945, 2166, 2745, 2761, 3782
HB 1206-- Macon-Bibb County Transit Authority Act of 1980; enter into contracts with counties and municipal corporations to provide public transportation services; provide power ....................................................................... 1945, 2166, 2745, 2761, 3783
HB 1207-- HOPE scholarship; dual credit enrollment courses treated equal to advancement placement to determine eligibility; provide............................................................................ 1655, 1948
HB 1208-- Cobb County; Board of Education; change description of districts ............................................................................. 1655, 1948, 2746, 2747, 2761, 5733, 6091
HB 1209-- Tax commissioner; present tax returns of the county; repeal population exception ................................................... 1655, 1948, 2168

INDEX

6555

HB 1210-- State government; state employees reside in this state; require .............................................................................................. 1945, 2166
HB 1211-- Death penalty; imposition under certain circumstances; prohibit............................................................................................. 1946, 2166
HB 1212-- Adoption; withdrawing a surrender of parental rights; change period................................................................................... 1946, 2166
HB 1213-- Pickens County Water and Sewer Authority; waiting period of two years for member reappointment; remove provision ............................................................................... 2162, 2745, 3653, 3666, 3946
HB 1214-- Scotland, City of; provide for election of mayor and councilmembers .................................................................... 2163, 2745, 3653, 3654
HB 1215-- Echols County; Board of Commissioners; provide for elections and terms of office................................................. 2163, 2745, 3653, 3666, 3947
HB 1216-- Ball Ground, City of; remove exception for certain property from jurisdiction of municipal court ...................... 2163, 2745, 3653, 3666, 3947
HB 1217-- Habersham County State Court; provide that January 1, 2015, judge and solicitor shall be full-time positions........... 2163, 2745, 3653, 3666, 3947
HB 1218-- Avondale Estates, City of; change corporate limits of city ........................................................................................ 2164, 2745, 3653, 3667, 4916
HB 1219-- Decatur, City of; change corporate limits of city ................. 2164, 2745, 3653, 3667, 4917
HB 1220-- Day care centers; employees and directors; require satisfactory child protective services report .................................... 2164, 2745
HB 1221-- State Construction Industry Licensing Board; Division of Roofing Contractors; create......................................................... 2164, 2745
HB 1222-- DeKalb County; board of commissioners; change description of districts........................................................... 2165, 2745, 3653, 3667
HB 1223-- Cherokee County; Board of Education; revise districts ....... 1948, 2166, 2746, 2762
HB 1224-- Elementary and secondary education; teacher's authority to remove a student from a classroom; expand................ 2165, 2745
HB 1225-- Moultrie, City of; levy an excise tax .................................... 2740, 3652, 3691, 3697, 4752
HB 1226-- Springfield, City of; provide new charter ............................. 2740, 3652, 3691, 3697, 4597

6556

INDEX

HB 1227-- Gainesville, City of; provide new charter............................. 2741, 3652, 3691, 3697, 4901
HB 1228-- Primaries and elections; use of direct recording electronic (DRE) voting systems and voting machines; eliminate........................................................................................... 2741, 3652
HB 1229-- Georgia Smokefree Air Act of 2005; revise certain provisions......................................................................................... 2741, 3652
HB 1230-- DeKalb County Recorder's Court; payment of costs in such court; provide................................................................ 2742, 3652, 3691, 3693, 3768, 3769, 4902
HB 1231-- Muscogee County School District; change description of districts ............................................................................. 2742, 3652, 3691, 3697, 4597
HB 1232-- Muscogee County School District; superintendent may make public works construction contracts; change maximum amount ................................................................. 2742, 3652, 3691, 3698, 4598
HB 1233-- Floyd County Probate Court; judge and chief magistrate; provide nonpartisan elections ....................................... 2742, 3652
HB 1234-- State employees' health insurance; no plan shall offer certain drug coverage for erectile dysfunction; provide .................. 2743, 3652
HB 1235-- Augusta-Richmond County Transparency in Government Act; enact ......................................................... 2743, 3652, 3691, 3693, 3694, 3746, 3747
HB 1236-- Norcross, City of; change corporate limits ........................... 2743, 3652, 3691, 3698, 5283, 5537
HB 1237-- HOPE scholarships and grants; scholarship for attending out-of-state institutions; provide...................................... 2744, 3652
HB 1238-- West Point, City of; levy an excise tax................................. 2744, 3652, 3691, 3699, 4598
HB 1239-- Tattnall County; board of education; change description of districts ............................................................................. 3646, 3688, 3733, 3736, 4752
HB 1240-- Tattnall County; board of commissioners; change description of districts........................................................... 3647, 3688, 3733, 3736, 4753
HB 1241-- Economic Development, Department of; Division of Minority and Women's Business Development; create................... 3647, 3688
HB 1242-- Hall County; board of commissioners; change description of districts........................................................... 3647, 3688, 3733, 3737, 4753

INDEX

6557

HB 1243-- Glennville, City of; change corporate limits......................... 3648, 3688, 3733, 3737, 4753
HB 1244-- Kennesaw, City of; change provisions relating to the corporate limits ..................................................................... 3648, 3688, 3733, 3737, 4753
HB 1245-- Franklin County; board of elections; stagger terms of members................................................................................ 3648, 3688, 3733, 3738, 4754
HB 1246-- Sales and use tax; variable rate of tax based on place of manufacture of product sold; provide.............................................. 3649, 3688
HB 1247-- Brain and Spinal Injury Trust Fund; additional penalty assessments for additional violations; authorize ............................ 3649, 3688
HB 1248-- Garden City, City of; ad valorem tax; municipal purposes; provide homestead exemption.............................. 3649, 3688, 3733, 3738, 4754
HB 1249-- Lyerly, Town of; provide new charter .................................. 3650, 3688, 3733, 3738, 4754
HB 1250-- Murray County Board of Elections and Registration; create ..................................................................................... 3650, 3688, 3733, 3739, 4754
HB 1251-- Dodge County-Eastman Development Authority; provide for membership........................................................ 3650, 3688, 3733, 3739, 4755
HB 1252-- Heart of Georgia Regional Airport Authority; change method of appointing members ............................................ 3650, 3688, 3733, 3739, 4755
HB 1253-- Jeff Davis County; Board of Education; change description of districts........................................................... 3651, 3688, 3733, 3739, 4755
HB 1254-- Jeff Davis County; Board of Commissioners; change description of districts........................................................... 3651, 3688, 3733, 3740, 4755
HB 1255-- Eatonton-Putnam Water and Sewer Authority; composition; change certain provisions................................ 3681, 3731, 3768, 3770, 4902
HB 1256-- Western Area Regional Radio System Authority; remove City of Douglasville and add Coweta County as a member............................................................................... 3682, 3731, 3895, 3903, 5634
HB 1257-- Effingham County; Board of Commissioners of Roads and Revenues; revise powers and duties of chairperson ...... 3682, 3731, 3768, 3771, 4902

6558

INDEX

HB 1258-- Columbus, City of; certain notices to be made in newspaper having largest circulation; provide ..................... 3682, 3731, 3768, 3771
HB 1259-- Milner, City of; provide new charter .................................... 3682, 3732, 3768, 3771, 4902
HB 1260-- Gwinnett County Recorder's Court; impose and collect technology fee for each criminal fine imposed; authorize........................................................................................... 3683, 3732
HB 1261-- Griffin-Spalding County Airport Authority Act; enact ........ 3683, 3732, 3768, 3772, 4903
HB 1262-- Catoosa County; Board of Education; change description of districts........................................................... 3683, 3732, 3768, 3772, 4903
HB 1263-- Catoosa County; board of commissioners; change description of districts........................................................... 3684, 3732, 3768, 3772, 4903
HB 1264-- Douglasville, City of; change description of election districts.................................................................................. 3684, 3732, 3768, 3773, 4903
HB 1265-- Macon-Bibb County Community Enhancement Authority Act; enact.............................................................. 3684, 3732, 3768, 3773, 4904
HB 1266-- Acworth Lake Authority; change membership requirements.......................................................................... 3685, 3732, 3768, 3773, 4904
HB 1267-- Acworth Area Convention and Visitors Bureau; change name to Acworth Tourism Bureau Authority....................... 3685, 3732, 3768, 3774, 4904
HB 1268-- Bacon County; Board of Education; change description of districts ............................................................................. 3685, 3732, 3768, 3774, 4904
HB 1269-- Bacon County; Board of Commissioners; change description of districts .......................................................... 3686, 3732, 3768, 3774, 4905
HB 1270-- Jefferson County; Board of Commissioners; change description of districts........................................................... 3687, 3732, 3768, 3775, 4905
HB 1271-- Brunswick-Glynn County Joint Water and Sewer Commission; immunity for commission and its officers, agents and employees; provide............................................. 3687, 3732, 3768, 3775, 4905

INDEX

6559

HB 1272-- Bacon County; Board of Commissioners; membership of chairperson and commissioners on boards and authorities; limit.................................................................... 3687, 3732, 3895, 3904, 5283
HB 1273-- Jefferson County; Board of Education; change description of districts........................................................... 3688, 3732, 3768, 3776, 4906
HB 1274-- Tourism Marketing Act of 2012; enact ........................................... 3726, 3767
HB 1275-- Chatham Area Transit Authority; board membership and staggered terms; provide ................................................ 3727, 3767, 4512, 4514, 5634
HB 1276-- Richmond Hill, City of; provide new charter ....................... 3727, 3767, 3895, 3907, 5284
HB 1277-- Washington, City of; change description of council districts.................................................................................. 3727, 3767, 3895, 3907, 4906
HB 1278-- Spalding County Magistrate Court; charge technology fee for each civil case filed and criminal fine imposed; authorize................................................................................ 3728, 3767, 3895, 3908, 5284
HB 1279-- Spalding County Probate Court; charge technology fee for each civil case filed; authorize ........................................ 3728, 3767, 3895, 3908, 5284
HB 1280-- Spalding County State Court; charge technology fee for each civil case filed and each criminal fine imposed; authorize................................................................................ 3728, 3767, 3895, 3908, 5284
HB 1281-- Satilla Regional Water and Sewer Authority; members to be elected for unlimited consecutive terms; allow ........... 3728, 3767, 4512, 4515, 5634
HB 1282-- Charlton County; board of commissioners; change provisions relating to number of meetings held ................... 3729, 3767, 4512, 4515, 5284
HB 1283-- Charlton County; nonstaggered four-month vehicle registration period; repeal Act .............................................. 3729, 3767, 4512, 4516, 5285
HB 1284-- Appling County; Board of Education; change description of districts........................................................... 3729, 3767, 4512, 4516, 5285
HB 1285-- Appling County; board of commissioners; change description of districts........................................................... 3729, 3767, 4512, 4517, 5285

6560

INDEX

HB 1286-- Treutlen County; Board of Commissioners; change description of districts........................................................... 3730, 3767, 4512, 4517, 5285
HB 1287-- Treutlen County; Board of Education; change description of districts........................................................... 3730, 3767, 4512, 4517, 5286
HB 1288-- Hart County Water and Sewer Authority; enact................... 3730, 3767, 3895, 3908, 5286
HB 1289-- DeKalb County; board of education; provide for certain terms of office....................................................................... 3731, 3767, 3895, 3909, 5635
HB 1290-- DeKalb County; board of education; change description of districts ............................................................................. 3731, 3767, 4706, 4709, 5635
HB 1291-- Sandy Springs, City of; executive and judicial officials; modify provisions ................................................................. 3763, 3894, 4512, 4518, 5632, 6104
HB 1292-- Student scholarship organizations; testing requirements for qualified schools and programs which enroll eligible students; provide .............................................................................. 3764, 3894
HB 1293-- Crisp County; Board of Commissioners; change description of districts........................................................... 3764, 3894, 4512, 4541
HB 1294-- Williamson, City of; terms of office of mayor and members of city council; change .......................................... 3764, 3894, 4512, 4541, 5286
HB 1295-- Stephens County; board of education; change description of districts........................................................... 3765, 3894, 4512, 4542, 5286
HB 1296-- Toccoa, City of; levy an excise tax....................................... 3765, 3894, 4512, 4542, 5286
HB 1297-- Jeff Davis County; nonbinding, advisory referendum by electors to ascertain if judge of Probate Court will also serve as chief magistrate judge; provide............................... 3765, 3894, 4512, 4542, 5287
HB 1298-- Atlanta, City of; municipal court; modify provisions........... 3766, 3894, 4706, 4726
HB 1299-- DeKalb County; nonbinding, advisory referendum by electors to ascertain if schools should place or operate a telecommunication tower on school property; provide ........ 3766, 3894, 4512, 4543, 5635

INDEX

6561

HB 1300-- Bleckley County; board of education and school superintendent; number of members and districts where elected; provide..................................................................... 3766, 3894, 4706, 4726, 5635
HB 1301-- Chatham County Magistrate Court; qualifications for magistrates; provide.............................................................. 3767, 3894, 4512, 4543
HB 1302-- Municipal Court of Columbus; judge; provide nonpartisan elections........................................................................ 3892, 4512
HB 1303-- Physician assistants; prescribe Schedule II controlled substances; physicians authorize ..................................................... 4511, 4705
HB 1304-- Southern Judicial Circuit; director of pretrial release program and other staff members make arrests and certain other powers; provide ............................................... 3893, 4512, 4706, 4732, 5636
HB 1305-- State government; pari-mutuel wagering on horse racing; provide ................................................................................. 4704, 4924
HB 1306-- Forest Park, City of; number of councilmember votes for calling a special meeting; change............................................... 4923, 5517
HB 1307-- Alcoholic beverages; retail consumption dealers make alcohol sensors available for voluntarily testing personal alcohol consumption; require ..................................................... 5516
HB 1308-- Crimes and offenses; statute relating to no duty to retreat prior to use of force and to correct a crossreference; repeal......................................................................................... 5517

PART III
HOUSE RESOLUTIONS
HR 1-- Property taxes; any governmental entity; abolish - CA....... No Action in 2012 HR 2-- Eminent domain; taking private property; prohibit - CA .... No Action in 2012 HR 3-- Property; zoning laws; prohibit - CA................................... No Action in 2012 HR 4-- Constitutionality of law; citizens shall challenge;
provide - CA ........................................................................ No Action in 2012 HR 5-- Courts; judicial decisions binding; remove - CA ................ No Action in 2012 HR 6-- Judicial Qualifications Commission; remove discipline
power; vested in General Assembly - CA ........................... No Action in 2012 HR 7-- Elective public office; person appointed to vacancy not
eligible for election; provide - CA....................................... No Action in 2012 HR 8-- University System of Georgia; appropriations paid in
lump sum; repeal provision - CA......................................... No Action in 2012 HR 9-- Joint Teen Violence Study Committee; create .................... No Action in 2012 HR 10-- The Ad Valorem Tax Assessment Limit Amendment;
enact - CA ............................................................................ No Action in 2012 HR 11-- Revenue Shortfall Reserve; enact - CA ............................... No Action in 2012 HR 12-- Sales and use tax; tax credit reduction for educational
purposes; provide - CA ........................................................ No Action in 2012 HR 13-- Sales and use tax; 25 percent for transportation; provide
- CA...................................................................................... No Action in 2012 HR 20-- State budget; rate of growth; limit - CA .............................. No Action in 2012 HR 23-- Laws; Congress ratify amendment relating to adoption
and challenge; urge .............................................................. No Action in 2012 HR 28-- Capitol Arts Standards Commission; Coretta Scott King
portrait; urge placement ....................................................... No Action in 2012 HR 29-- County re-creation; provisions - CA.................................... No Action in 2012 HR 30-- County re-creation; provisions - CA.................................... No Action in 2012 HR 31-- County re-creation; provisions - CA.................................... No Action in 2012 HR 32-- County re-creation; provisions - CA.................................... No Action in 2012 HR 33-- County re-creation; provisions - CA.................................... No Action in 2012 HR 34-- County re-creation; provisions - CA.................................... No Action in 2012 HR 35-- County re-creation; provisions - CA.................................... No Action in 2012 HR 57-- Rosa Parks and others; portrait placements in state
capitol; urge ......................................................................... No Action in 2012 HR 72-- Felony; certain convicted may register to vote;
provisions - CA.................................................................... No Action in 2012

6564

INDEX

HR 81-- Sales and use tax; food and food ingredients; change exemption - CA.................................................................... No Action in 2012
HR 82-- Coach Billy Henderson Interchange; Macon County; dedicate ................................................................................ No Action in 2012
HR 112-- Waste management; nonlapsing trust fund; create provisions - CA.................................................................... No Action in 2012
HR 152-- Public Service Commission; composition and terms; provide - CA ........................................................................ No Action in 2012
HR 153-- House Study Committee on Tenth Amendment Enforcement; create ............................................................. No Action in 2012
HR 186-- Horse racing; pari-mutuel wagering; provide - CA............. No Action in 2012
HR 250-- District attorneys; invest in public safety and prevention, not death penalty; urge ..................................... No Action in 2012
HR 252-- House Study Committee on Adult Mental Health and Disability Facilities; create .................................................. No Action in 2012
HR 253-- SGT Rodney Maxwell Davis Memorial Interchange; Bibb County; dedicate ......................................................... No Action in 2012
HR 259-- Sherrod, Mrs. Shirley; commend and invite to House ........ No Action in 2012
HR 292-- Anne O. Mueller Bridge; Chatham County; dedicate ......... No Action in 2012
HR 340-- Georgia Supreme Court Chief Justice Carol W. Hunstein; Georgia is republic, not democracy; inform ....... No Action in 2012
HR 342-- Taxpayer Dividend Amendment of 2012; enact - CA......... No Action in 2012
HR 363-- House Study Committee on State Properties; create ........... No Action in 2012
HR 364-- General Assembly and Governor increase quality and affordability of pre-K programs; urge ................................. No Action in 2012
HR 383-- University System of Georgia; tuition not exceed inflation rate; provisions - CA ............................................. No Action in 2012
HR 384-- House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; create ........ No Action in 2012
HR 388-- Berry, Mr. John; commend and invite to House.................. No Action in 2012
HR 407-- Corporations in Georgia; deposit money in African American financial institutions; urge................................... No Action in 2012
HR 408-- Rosa T. Beard Memorial Bridge; Augusta, Georgia; dedicate ................................................................................ No Action in 2012
HR 409-- Women Entrepreneurs Day; March 15, 2011; Felicia Joy; commend & invite to House ........................................ No Action in 2012
HR 419-- Motor fuels sales tax; appropriated to provide publicuse airports; provide - CA.................................................... No Action in 2012
HR 420-- Tax allocation; communications services tax; directly to counties - CA ....................................................................... No Action in 2012
HR 421-- Economic Development Trust Fund; create - CA ............... No Action in 2012

INDEX

6565

HR 422-- Fiscal impact standards; tax exemption or credit amendment; require comply - CA ....................................... No Action in 2012
HR 423-- Hugh Carroll Butler Memorial Bridge; Chatham County; dedicate .................................................................. No Action in 2012
HR 425-- Public funding of social services; religious or faith based organizations; allow - CA.......................................... No Action in 2012
HR 426-- House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; create ........ No Action in 2012
HR 429-- Boston, Mr. Ralph Harold "Hawkeye"; commend and invite to House ..................................................................... No Action in 2012
HR 457-- Sergeant Jerry Bagley Memorial Bridge; Ware County; dedicate ................................................................................ No Action in 2012
HR 458-- Community Health, Department of; collect data on chronic obstructive pulmonary disease; encourage ............. No Action in 2012
HR 460-- Coach Billy Henderson Interchange; Bibb County; dedicate ................................................................................ No Action in 2012
HR 461-- Education, Department of and Professional Standards Commission; develop educator ethics course; direct .......... No Action in 2012
HR 471-- Defense of Marriage Act; United States Congress defend challenges to constitutionality; urge ........................ No Action in 2012
HR 472-- Claude A. Bray, Jr. Highway; City of Manchester, Georgia; dedicate ................................................................. No Action in 2012
HR 489-- Professional Learning Rules Task Force; establish ............. No Action in 2012
HR 490-- Claude A. Bray, Jr. Bridge; Meriwether County; dedicate ................................................................................ No Action in 2012
HR 492-- Professional Standards Commission; establish certification renewal rules; direct ........................................ No Action in 2012
HR 494-- Senior Airman Michael J. Buras Memorial Highway; Irwin County; dedicate......................................................... No Action in 2012
HR 495-- Joint Higher Education Finance Study Committee; create .................................................................................... No Action in 2012
HR 496-- Joint Study Committee on State-Local Government Mandate Review; create....................................................... No Action in 2012
HR 498-- Georgia Second Chance Reintegration Initiative; bipartisan change; recognize................................................ No Action in 2012
HR 506-- C. Lloyd Smith Memorial Parkway; Ellijay, Georgia; Gilmer County; dedicate...................................................... No Action in 2012
HR 508-- Charles Thomas Edwards Memorial Bridge; Jasper and Butts Counties; dedicate ...................................................... No Action in 2012
HR 509-- Ida Ware Scott Memorial Road; City of Lincolnton; dedicate ................................................................................ No Action in 2012

6566

INDEX

HR 510-- State government; support nuclear and renewable energy; urge ......................................................................... No Action in 2012
HR 520-- House Study Committee on Renewable and Sustainable Energy in Georgia; create .................................................... No Action in 2012
HR 522-- Newton, Cameron Jerrell "Cam"; Heisman Trophy; commend and invite to House ............................................. No Action in 2012
HR 523-- King, Mr. Raymond; president; Zoo Atlanta; commend and invite to House .............................................................. No Action in 2012
HR 546-- Officer Kathy Cox Memorial Highway; Gordon County; dedicate .................................................................. No Action in 2012
HR 547-- SGT Harold Wiggins Memorial Bridge; Coffee County; dedicate ................................................................................ No Action in 2012
HR 549-- House Durable Medical Equipment Study Committee; create .................................................................................... No Action in 2012
HR 550-- Savannah, City of; consider issuing bonds to support cruise ship terminal; urge..................................................... No Action in 2012
HR 552-- Lassiter High School swim and dive team; commend and invite to House .............................................................. No Action in 2012
HR 572-- Lou Chastain Memorial Bridge; Pickens County; dedicate ................................................................................ No Action in 2012
HR 573-- PFC Don Manac Memorial Bridge; Clinch and Echols Counties; dedicate................................................................ No Action in 2012
HR 584-- Coach Jim Cavan Memorial Parkway; Upson County; dedicate ................................................................................ No Action in 2012
HR 585-- Trust funds administration; hazardous, solid waste management; create - CA .................................................... No Action in 2012
HR 598-- Joint Study Committee on Renewable Energy Industries in Georgia; create................................................................. No Action in 2012
HR 599-- Young, Mr. Gilbert; Dr. Amelia Platts Boynton; commend and invite to House ............................................. No Action in 2012
HR 610-- Harris Neck Land Trust; pursue return of land from federal government to McIntosh County; recognize ........... No Action in 2012
HR 616-- Cosmetic products; federal legislation to protect consumers; support .............................................................. No Action in 2012
HR 617-- Willou Copeland Smith Highway; Glynn County; dedicate ................................................................................ No Action in 2012
HR 618-- Veal - Solomon Highway; Washington County; dedicate ................................................................................ No Action in 2012
HR 640-- House Family Economic Security Study Committee; create .................................................................................... No Action in 2012
HR 642-- Raymond Royal Marshall Memorial Intersection; City of Atlanta; dedicate.............................................................. No Action in 2012

INDEX

6567

HR 644-- Youth Leadership Athens class; Athens Clarke County; commend & invite to House ................................................ No Action in 2012
HR 691-- House Study Committee on the Use and Development of Nuclear Plants in Georgia; create .................................... No Action in 2012
HR 692-- Boards of education; implement renewable energy systems; urge........................................................................ No Action in 2012
HR 693-- Residential developers and builders; offer solar energy system install; urge .............................................................. No Action in 2012
HR 694-- House Hydropower Study Committee; create ..................... No Action in 2012
HR 718-- Private Homer C. Sumner Memorial Road; Berrien County; dedicate .................................................................. No Action in 2012
HR 719-- Charles "Chuck" Burris Memorial Bridge; City of Atlanta; dedicate .................................................................. No Action in 2012
HR 738-- Walton County; Board of Education; change provisions to districts................................................................................................... 4508
HR 739-- Lower Muskogee Creek Indian Tribe of Georgia; federal recognition; support ................................................. No Action in 2012
HR 757-- House State Health Benefit Plan Study Committee; create .................................................................................... No Action in 2012
HR 758-- Health care professionals; cultural competency training; urge ...................................................................................... No Action in 2012
HR 760-- Jackson County; conveyance of state owned property; authorize............................................................................... No Action in 2012
HR 761-- Sales and use tax; authorize without all independent school participation; allow - CA.......................................... No Action in 2012
HR 792-- House Study Committee on the National Popular Vote Initiative; create ................................................................... No Action in 2012
HR 808-- Gambling Addiction Trust Fund; create - CA ..................... No Action in 2012
HR 809-- Alcohol Abuse Trust Fund; create - CA .............................. No Action in 2012
HR 879-- Elementary and secondary education; care of students with diabetes in school; provide .................................................................. 783
HR 880-- House Study Committee on Open Loop Geothermal Heating and Cooling Systems; create ............................................................ 21
HR 881-- County functions; incorporated and unincorporated areas; limit - CA............................................................................................. 21
HR 977-- Legal services for indigent; dedicate existing fees; provide - CA ................................................................................ 21, 270, 1993
HR 1072-- Right to life; vested from moment of fertilization; provide - CA ............................................................................................ 20, 50
HR 1093-- Boards of education; funding to retrofit school buses; pollution control; urge ............................................................................. 20, 50
HR 1094-- Federal government; oppose state bailouts.............................................. 50, 73

6568

INDEX

HR 1095-- Congress; proposing an amendment to the Constitution; call a convention .......................................................................... Prefiled Only
HR 1096-- House convened; notify Senate ............................................................... 21, 29 HR 1097-- Joint session; message from Governor .................................................... 23, 28 HR 1098-- Joint session; message from Chief Justice of the
Supreme Court ......................................................................................... 24, 29 HR 1099-- Adjournment; relative to.......................................................................... 26, 29 HR 1100-- Georgia Tech Student Day at the capitol; recognize ..................................... 27 HR 1101-- Floyd, Don; Covington Fire Chief; recognize ............................................... 27 HR 1102-- Thorington, Adria; University of Georgia Amazing
Student; recognize.......................................................................................... 28 HR 1103-- Deputy James D. Paugh Memorial Highway; Richmond
County; dedicate ............................................................................. 50, 73, 161, 615, 1959
HR 1104-- Munson, Larry; recognize life; invite family to House ..................... 51, 52, 73 HR 1105-- Sellers, Matthew; commend and invite to House .................................... 51, 81 HR 1106-- Dobbins Middle School; Paulding County Civics Day;
commend........................................................................................................ 52 HR 1107-- Jenkins, Congressman Edgar Lanier; condolences........................................ 52 HR 1108-- Powell, Zachary; commend ........................................................................... 52 HR 1109-- Ulrich, James "Jamie" Autry; commend........................................................ 52 HR 1110-- Moore, Sophie Sydney; condolences............................................................. 52 HR 1111-- Effingham YMCA Christian Leadership Academy;
recognize........................................................................................................ 52 HR 1112-- Effingham County Day at the Capitol; January 23,
2012; recognize.............................................................................................. 53 HR 1113-- Guilbeau, Lisa Hutto; recognize .................................................................... 53 HR 1114-- Nobles, Sheriff Cecil; condolences................................................................ 73 HR 1115-- Antone, Dr. Joan; commend .......................................................................... 74 HR 1116-- Acree, Reverend Patrick Timothy; condolences ........................................... 74 HR 1117-- Tourism and Hospitality Day at the state capitol; Jan.
24, 2012; recognize................................................................................ 74, 127 HR 1118-- Holy Innocents' Episcopal Church; recognize............................................... 74 HR 1119-- United States Congress; pass legislation on digital
commerce; urge........................................................................................ 79, 90 HR 1120-- United States Congress; enact a uniform Internet
privacy law; urge ..................................................................................... 79, 90 HR 1121-- Thrash, Joseph; commend ............................................................................. 81 HR 1122-- Shehan, Matt; commend ................................................................................ 81 HR 1123-- Women's heart health; early detection; recognize
importance ..................................................................................................... 81

INDEX

6569

HR 1124-- Infant nutrition; breast feeding; recognize importance.................................. 81
HR 1125-- Brown, William "Harold"; 100th birthday; honor......................................... 82
HR 1126-- Kaigler, Sister Hervie Ellzey; condolences ................................................... 82
HR 1127-- Wiley, Leroy Sherman; condolences............................................................. 82
HR 1128-- Rice, Mrs. Sabra Rogers; condolences .......................................................... 82
HR 1129-- Hudson, Deacon Felton Leon; condolences .................................................. 82
HR 1130-- United States Congress; repeal Seventeenth Amendment to Constitution; urge ......................................................... 90, 103
HR 1131-- Calhoun High School football team; commend and invite to House .............................................................................. 94, 125, 126, 127
HR 1132-- Veterinary Medicine Day; Feb. 2, 2012; recognize & invite vets to House....................................................................... 94, 271, 324, 325
HR 1133-- 4-H Clubs; Mr. Dowdy White; Mr. Arch D. Smith; commend and invite to House ....................................................... 94, 602, 613
HR 1134-- Sizemore, Robert Clayton; Deputy Game Warden; condolences.......................................................................................... 94, 1258
HR 1135-- Madison Hardware and Supply; commend.................................................... 94
HR 1136-- Drinking Water Security Day at the state capitol; Jan. 24, 2012; recognize........................................................................................ 95
HR 1137-- United States Congress; call convention for proposing an amendment; make renewed application.......................................... 102, 124
HR 1138-- Burns, Robbie; Lindsay Scott; commend and invite to House ........................................................................................... 103, 104, 105
HR 1139-- Burke County High School Bears football team; commend and invite to House ............................................................. 104, 105
HR 1140-- Adjournment; relative to...................................................................... 106, 129
HR 1141-- Herman E. Black Memorial Highway; City of Gray; dedicate ................................................................................................ 123, 160
HR 1142-- Sgt. Carlton "Dan" Jenkins Memorial Interchange; Camden County; designate .................................................................. 123, 160
HR 1143-- Georgia Music Day; Jan. 24, 2012; commend and invite musicians to House ...................................................................... 104, 125, 127
HR 1144-- Ga. Farm Bureau Federation Day; Feb. 14, 2012; commend & invite members to House ........................................................ 104
HR 1145-- Southwest Airlines; recognize ............................................................. 105, 165
HR 1146-- Equine Youth Day at the state capitol; Feb. 7, 2012; recognize...................................................................................................... 105
HR 1147-- Swanson, Ophelia; condolences .................................................................. 105
HR 1148-- Davis, Deacon Joe K.; commend................................................................. 105
HR 1149-- Whitlock, Deacon Gus; commend............................................................... 106

6570

INDEX

HR 1150-- Sales and use tax; educational purposes; only distributed on basis of full-time equivalent student counts - CA ................................................................................. 124, 160, 171, 333, 1421, 1431, 2009, 5744, 5804, 5967
HR 1151-- Joint Human Trafficking Study Commission; create ................. 124, 160, 334, 638, 5734, 5896
HR 1152-- J. Dixon Hays Memorial Highway; Newton County; dedicate ................................................................................................ 124, 160
HR 1153-- North Georgia College & State University; commend and invite president to House ...................................................... 126, 975, 976
HR 1154-- Wesleyan College; commend ...................................................................... 126
HR 1155-- Burgess, Mr. James V., Jr.; commend ......................................................... 126
HR 1156-- Peppers, Mrs. Anne Shepherd; commend.................................................... 126
HR 1157-- Houston, Lillian "Lila" Teague; celebrate birth .......................................... 126
HR 1158-- Jimmie Hodge Timmons, Jr., Highway; Early/Calhoun counties; designate............................................................................... 158, 179
HR 1159-- Jackson, Nakia Jermaine; compensate and provide state income tax exclusion ........................................................................... 158, 179
HR 1160-- Word, Mr. Lathan Rydell; compensate..................................... 159, 179, 2149, 2731, 4757, 6279
HR 1161-- Cauley, Mr. James A.; compensate and provide state income tax exclusion ................................................................ 159, 179, 2149, 2734, 4757
HR 1162-- General Assembly; state-wide education policy; clarify authority - CA ............................................................................. 159, 179, 333, 635, 783, 810, 846, 1264, 1272, 3783
HR 1163-- Georgia Transparency in Government Spending website; urge Georgia Department of Audits and Accounts to create........................................................................ 159, 179, 187
HR 1164-- Clarence Williams, Sr., Overpass; Liberty County; dedicate ................................................................................................ 178, 196
HR 1165-- Georgia Film Commission; base in Savannah-Chatham; urge Governor ...................................................................................... 178, 196
HR 1166-- Southwest Airlines; commend and invite David Ridley to House ....................................................................................................... 169
HR 1167-- Lembeck, Dr. Emily; commend and invite to House .................. 169, 210, 221
HR 1168-- Frank N. Osborne Middle School; commend and invite principal to House........................................................................ 169, 798, 805

INDEX

6571

HR 1169-- Deremer, Matthew; commend ..................................................................... 170 HR 1170-- Madison Hardware and Supply; commemorate .......................................... 170 HR 1171-- Concerned Black Citizens Coalition; recognize .......................................... 170 HR 1172-- Georgia Asian Pacific American Day; Feb. 9, 2012;
recognize.............................................................................................. 170, 846 HR 1173-- Georgia School Choice Week at the capitol; January
22-28, 2012; recognize ................................................................................ 170 HR 1174-- Morgan, Frances L.; commend .................................................................... 170 HR 1175-- LaFavor, Deacon Franks; 100th birthday; congratulate .............................. 170 HR 1176-- House Department of Behavioral Health and
Development Disabilities Oversight Committee; create ..................... 178, 196 HR 1177-- State highway system; dedicate certain portions ...................... 178, 196, 1659,
2035, 5514, 5708 HR 1178-- Silveri, Shekema; commend and invite to House........................ 182, 271, 325 HR 1179-- Miller, CeVontae Marque; commend and invite to
House ........................................................................................... 182, 798, 805 HR 1180-- Columbus Day; Feb. 7, 2012; recognize and invite
mayor and others to House .......................................................................... 183 HR 1181-- Bielecki, Brianne; commend and invite to House ...................... 183, 629, 630,
634 HR 1182-- Ogeechee Technical College; commend and invite
president to House .................................................................. 183, 1129, 1158, 1159
HR 1183-- Garcia, Rob; commend ................................................................................ 183 HR 1184-- Boy Scouts of America Day at the state capitol; March
21, 2012; recognize...................................................................................... 183 HR 1185-- Bryant, Mrs. Mattie; commend.................................................................... 183 HR 1186-- Land, Judge John Henry; condolences ........................................................ 184 HR 1187-- Brown, James O.; condolences.................................................................... 184 HR 1188-- Georgia Green Industry Association; commend ......................................... 184 HR 1189-- Schrock, Raun; commend ............................................................................ 184 HR 1190-- Parham, Sandra; commend .......................................................................... 184 HR 1191-- Richard, Nicole; commend .......................................................................... 184 HR 1192-- Rainey, Libby; commend............................................................................. 184 HR 1193-- Williams, Shelia; commend......................................................................... 185 HR 1194-- Roberts, Chip; commend ............................................................................. 185 HR 1195-- Welch, Pat; commend .................................................................................. 185 HR 1196-- Usry, Susan; commend ................................................................................ 185 HR 1197-- Todd, Rodney; commend............................................................................. 185 HR 1198-- Strickland, Justin; commend........................................................................ 185

6572

INDEX

HR 1199-- Parker, Vicki; commend .............................................................................. 185 HR 1200-- Criscoe, Duncan; commend......................................................................... 186 HR 1201-- Dougherty, Anna; commend........................................................................ 186 HR 1202-- Yates, Lisa; commend.................................................................................. 186 HR 1203-- Hendricks, Scott; commend......................................................................... 186 HR 1204-- Thompkins, Rachel; commend .................................................................... 186 HR 1205-- Vanderver, Carrie; commend....................................................................... 186 HR 1206-- Swain, Charlene; commend ......................................................................... 186 HR 1207-- Oyler, Donnan; commend............................................................................ 187 HR 1208-- Lance, Haley; commend .............................................................................. 187 HR 1209-- Griffin, Donald; commend........................................................................... 187 HR 1210-- LeBrun, Melissa; commend......................................................................... 187 HR 1211-- Girl Scouts Day at the state capitol; Feb. 7, 2012;
recognize.............................................................................................. 187, 634 HR 1212-- 100 Black Women Empowerment Day at the state
capitol; Feb. 23, 2012; recognize....................................................... 201, 1333 HR 1213-- Ray, Richard; recognize............................................................................... 201 HR 1214-- Dennis, Sister Albertha Williams; condolences .......................................... 201 HR 1215-- Briscoe, Mattie Harper; condolences........................................................... 202 HR 1216-- Buelvas, Raul Salvador, III; condolences.................................................... 202 HR 1217-- Leadership Sandy Springs; commend ......................................................... 202 HR 1218-- Collins, Colonel Stanley Newcomb, Jr.; commend..................................... 202 HR 1219-- Hamby, Bobby; commend ........................................................................... 202 HR 1220-- Madison Hardware and Supply; commemorate .......................................... 202 HR 1221-- Greater Atlanta McDonald's Operators Association;
recognize.............................................................................................. 202, 992 HR 1222-- Jackson, Edwin; commend and invite to House ......................... 225, 238, 242,
244 HR 1223-- Coes, Alvie, III; commend and invite to House .......................... 225, 926, 960 HR 1224-- Georgia State University; commend and invite
representatives to House ............................................................. 225, 271, 324, 325
HR 1225-- Richt, Mark; commend and invite to House................................................ 225 HR 1226-- Bloodworth, Dr. Bill; commend and invite to House.................................. 225 HR 1227-- Georgia Food Bank Association Day at the capitol; Feb.
1, 2012; recognize........................................................................................ 225 HR 1228-- Anderson, Jenny Lynn; commend ............................................................... 226 HR 1229-- Bryant, Jack & Helen; commend................................................................. 226 HR 1230-- Blechinger, Linda; Auburn Mayor; recognize............................................. 226 HR 1231-- Grap, Courtney; commend........................................................................... 226

INDEX

6573

HR 1232-- Stancel, Annie; commend ............................................................................ 226 HR 1233-- Bandy, Charity; commend ........................................................................... 226 HR 1234-- Career and Technical Education Month; recognize..................................... 226 HR 1235-- Simmons, Mary Hudmon; 100th birthday; celebrate .................................. 226 HR 1236-- Denmark, Dr. Leila; 114th birthday; celebrate............................................ 227 HR 1237-- Federal government; cease collection of motor fuel
taxes in Georgia; urge ................................................................. 236, 269, 783, 2650
HR 1238-- Adjournment; relative to...................................................................... 242, 345 HR 1239-- Cities of Marietta, Atlanta, and Jonesboro; recognize
the Gone With the Wind Trail; urge .................................................... 268, 342 HR 1240-- GSU's Legislative Health Policy Certificate Program;
invite instructors to House ...................................................... 258, 1298, 1333, 1334
HR 1241-- Future Farmers of America; commend and invite to House ...................................................................................... 258, 1129, 1158, 1159
HR 1242-- End the Commercial Sexual Exploitation of Children Day; Feb. 1, 2012; recognize ....................................................................... 258
HR 1243-- Dunlap, Edgar Brown, Jr.; condolences ...................................................... 258 HR 1244-- Lupus Awareness Day; Feb. 15, 2012; recognize ....................................... 258 HR 1245-- Georgia Dental Association's Georgia Mission of
Mercy; recognize ......................................................................................... 259 HR 1246-- Alpha Kappa Alpha Day; March 20, 2012; recognize ...................... 259, 3784 HR 1247-- Legislative Livestock Showdown; recognize .............................................. 259 HR 1248-- Southside Church of Christ; Valdosta; 60th anniversary;
recognize...................................................................................................... 259 HR 1249-- Vietnam War veterans; Coweta County; efforts;
commend...................................................................................................... 259 HR 1250-- Georgia Institute of Technology; commend ................................................ 259 HR 1251-- Fulwood, Mary; 75th birthday; celebrate .................................................... 259 HR 1252-- Ashmore, Mollie; condolences .................................................................... 260 HR 1253-- Richardson, Mrs. Evelyn; 78th birthday; celebrate ..................................... 260 HR 1254-- Children's Advocacy Centers of Georgia; commend .................................. 260 HR 1255-- Wilson, Hayley; commend .......................................................................... 260 HR 1256-- Kelsey, Elizabeth; commend ....................................................................... 260 HR 1257-- Jack, Reba Shelby; commend ...................................................................... 260 HR 1258-- Davis, Liz; commend................................................................................... 260 HR 1259-- Kelley, Patrick Michael; condolences ......................................................... 261 HR 1260-- Jacobs, John Wesley, Jr.; condolences ........................................................ 261

6574

INDEX

HR 1261-- Richardson, Betty Mae Castleberry; condolences ....................................... 261 HR 1262-- Turk, Frank; condolences ............................................................................ 261 HR 1263-- Wiley, Johnnie; condolences ....................................................................... 261 HR 1264-- Stewart, W. Woodrow "Woody"; condolences ........................................... 261 HR 1265-- Harris, Herbert Glenn; condolences ............................................................ 261 HR 1266-- Wiley, Jettie Lee Whitmire; condolences.................................................... 262 HR 1267-- Watkins, Miller Leslie, Jr.; condolences ..................................................... 262 HR 1268-- Eure, Carol Hudson, Sr.; condolences ......................................................... 262 HR 1269-- Smith, Genene; condolences........................................................................ 262 HR 1270-- Georgia Tech; G. Wayne Clough Georgia Tech Promise
Scholarship; commend................................................................................. 332 HR 1271-- Firefighters Appreciation Day; Feb. 7, 2012; recognize ............................. 332 HR 1272-- Bald Rock Baptist Church; recognize.......................................................... 332 HR 1273-- Ga. Emergency Management Agency (GEMA)
Recognition Day; Feb. 8, 2012; recognize .................................................. 333 HR 1274-- Emergency Medical Services Day; Feb. 8, 2012;
recognize...................................................................................................... 333 HR 1275-- Sportsmen's and Coastal Day; Feb. 8, 2012; recognize............................... 333 HR 1276-- Eagle Scout and Gold Award Scout Day; Feb. 16, 2012;
recognize...................................................................................................... 333 HR 1277-- House Study Committee on Expulsion School Creation;
create .................................................................................................... 600, 627 HR 1278-- Georgia Peach Festival; commend and invite Peach
Queens to House ......................................................................... 588, 825, 848, 851
HR 1279-- Hungary Day; Feb. 18, 2012; recognize and invite ambassador to House ................................................................................... 589
HR 1280-- Community Health Centers Day; Feb. 9, 2012; commend & invite leadership to House...................................... 589, 825, 846, 848
HR 1281-- Columbus Day; Feb. 7, 2012; mayor and others; commend and invite to House ..................................................... 589, 629, 634
HR 1282-- Boynton Bandits; commend and invite to House ........................................ 589 HR 1283-- Thomas, Deacon Sally; 100th birthday; celebrate....................................... 589 HR 1284-- Gray, Jeanie V.; 100th birthday; commend ................................................. 589 HR 1285-- Zimmerman, Lieutenant Colonel Janet A.; commend................................. 590 HR 1286-- Powell, Mrs. Addie Scott; condolences....................................................... 590 HR 1287-- American Association of Family and Consumer
Sciences; recognize............................................................................ 590, 1258 HR 1288-- Derryberry, Lauren; commend .................................................................... 590 HR 1289-- Cameron, Brittany; commend...................................................................... 590

INDEX

6575

HR 1290-- Dennison, Chelsea Leigh; commend ........................................................... 590 HR 1291-- Larmon, Fallon Lee; commend.................................................................... 591 HR 1292-- Pettigrew, A.J.; commend............................................................................ 591 HR 1293-- Brown, Cora; commend............................................................................... 591 HR 1294-- Iverson, Brother John W., Sr.; commend .................................................... 591 HR 1295-- Senior Week; February 20 to February 26, 2012;
recognize...................................................................................................... 591 HR 1296-- Cordele-Crisp County Fish Fry; cooking team;
recognize...................................................................................................... 591 HR 1297-- National Wear Red Day; Feb. 3, 2012; recognize ....................................... 591 HR 1298-- Park, Edo Miller; recognize ......................................................................... 592 HR 1299-- Ellison, Wanda S.; commend....................................................................... 592 HR 1300-- Magda, Martin; commend ........................................................................... 592 HR 1301-- Maxwell, Lauren; commend ........................................................................ 592 HR 1302-- Kindness Week at the capitol; second week in
November; recognize........................................................................... 592, 805 HR 1303-- Waters, Gregory; commend......................................................................... 592 HR 1304-- Fitzner, Tripp; commend ............................................................................. 592 HR 1305-- Vernon, Dustin; commend........................................................................... 592 HR 1306-- Thrift, John; commend................................................................................. 592 HR 1307-- Shah, Neil; commend................................................................................... 593 HR 1308-- Lewis, Bryant F.; commend......................................................................... 593 HR 1309-- Jones, Dennis; commend ............................................................................. 593 HR 1310-- Henry, Matt; commend ................................................................................ 593 HR 1311-- Gunn, Beau J.; commend............................................................................. 593 HR 1312-- Daniels, Maria W.; commend ...................................................................... 593 HR 1313-- Brinson, Lynn; commend ............................................................................ 593 HR 1314-- Davis, Rev. Eugene; commend.................................................................... 593 HR 1315-- Griffin, Kenneth W.; commend ................................................................... 593 HR 1316-- Hutchinson, Michelle; commend................................................................. 594 HR 1317-- Morris, Angel; commend............................................................................. 594 HR 1318-- Wilkes, Tammy; commend.......................................................................... 594 HR 1319-- Meadows, Jennifer Anne M.; commend...................................................... 594 HR 1320-- Clark, Lois; commend.................................................................................. 594 HR 1321-- Carter, Amy B.; commend........................................................................... 594 HR 1322-- Cadle, Jean Marie; commend ...................................................................... 594 HR 1323-- Sherwood Baptist Church; commend and invite to
House .......................................................................................... 616, 629, 634, 780

6576

INDEX

HR 1324-- Bray, Ashton Richard "Beebo"; honor life and invite family to House............................................................................ 613, 616, 618
HR 1325-- Congress; amend Communication Act of 1934; permit use of cellular jammers; urge...................................................... 600, 627, 798, 966
HR 1326-- Ashley Lane Family; commend and invite to House ................. 616, 825, 846, 849
HR 1327-- Franklin, Dr. Robert Michael; commend and invite to House ........................................................................................................... 617
HR 1328-- Briscoe, Mattie Harper; condolences........................................................... 617 HR 1329-- Thomas, Gail Denise; condolences.............................................................. 617 HR 1330-- Leadership Paulding 22; commend ............................................................. 617 HR 1331-- Adams, Ms. Jettie M.; condolences ............................................................. 617 HR 1332-- Perry, Shari Dyon; commend ...................................................................... 617 HR 1333-- Herring, Reverend James Richard, Sr.; commend....................................... 617 HR 1334-- Georgia Rural Health Association; commend ..................................... 618, 959 HR 1335-- General Assembly; establish state-wide education
policy; clarify authority - CA .............................................................. 627, 797 HR 1336-- Heritage High School girls cross country team;
commend and invite to House ................................................ 780, 2746, 2790, 2791
HR 1337-- Vest, Austin Edward; commend and invite to House............. 780, 1236, 1258, 1259
HR 1338-- Kim, General He-beom; South Korean Consulate; commend and invite to House ................................................ 780, 1658, 1669, 1670
HR 1339-- Richt, Mark; commend and invite to House................................................ 781 HR 1340-- Luther Rice Seminary; commend ................................................................ 781 HR 1341-- Advanced Placement Day; Feb. 8, 2012; recognize .................................... 781 HR 1342-- Tift County 4-H Poultry Judging Team; commend..................................... 781 HR 1343-- Black, Reverend Jerry D.; commend........................................................... 781 HR 1344-- Crumley, Caroline Hope; commend ............................................................ 781 HR 1345-- Sasso, Sophia; commend ............................................................................. 782 HR 1346-- Chesne, Megan; commend........................................................................... 782 HR 1347-- Nexxtep Technology Services; recognize ................................................... 782 HR 1348-- Law, George Hammond, Jr.; condolences................................................... 782 HR 1349-- Nimmer, Ava Brooke; birth; celebrate ........................................................ 782 HR 1350-- Regional transportation projects; create special
transportation districts for funding - CA ............................................. 796, 822 HR 1351-- Trooper Chadwick T. LeCroy Memorial Bridge;
Cobb/Fulton Counties; dedicate .......................................................... 821, 866

INDEX

6577

HR 1352-- EOD Technician First Class Joseph Adam McSween Memorial Intersection; Lowndes County; dedicate............................. 821, 866
HR 1353-- Brown, Ms. Valerie Marie; commend ......................................................... 805 HR 1354-- Corkery, Mr. Chris; commend..................................................................... 806 HR 1355-- Mergele, Diane; commend........................................................................... 806 HR 1356-- Lepzelter, Mr. Cary; commend.................................................................... 806 HR 1357-- Johnson, Elizabeth Page; commend ............................................................ 806 HR 1358-- Edmondson, Jill; commend ......................................................................... 806 HR 1359-- Backus, Denise; commend........................................................................... 806 HR 1360-- Ringo, Jennifer; commend........................................................................... 806 HR 1361-- Shah, Tirth Devang; commend .................................................................... 806 HR 1362-- Dahlke, Matthew M.; commend .................................................................. 807 HR 1363-- Plummer, Mr. Kris; commend ..................................................................... 807 HR 1364-- Redmon, Susan; commend .......................................................................... 807 HR 1365-- Douglass, Judge Orion L.; commend .......................................................... 807 HR 1366-- Alpha Gamma Rho fraternity; University of Georgia;
85th anniversary; recognize ......................................................................... 807 HR 1367-- Congress; prohibit Environmental Protection Agency
from further regulating greenhouse gas emissions without study; urge ................................................................... 821, 866, 3734,
3961 HR 1368-- Walton, Karen Green; commend ................................................. 851, 926, 960 HR 1369-- Utreras, Arianna; commend......................................................................... 852 HR 1370-- Wolfe, Monica; commend ........................................................................... 852 HR 1371-- Thornton, Suzanne; commend ..................................................................... 852 HR 1372-- Holman, Steve; commend............................................................................ 852 HR 1373-- Mermans, Nicole; commend........................................................................ 852 HR 1374-- Bennett deMarrais, Kathleen P.; commend ................................................. 852 HR 1375-- Brown, Amy Benson; commend.................................................................. 852 HR 1376-- Conveyance of certain property; Baldwin, Carroll,
Clinch, Coffee, and other counties; authorize .......................... 922, 991, 1221, 1593, 5636, 6184
HR 1377-- United States Supreme Court; ruling in Citizens United v. Federal Election Commission; oppose .................................. 923, 991, 1259
HR 1378-- Sales and use tax; motor fuel tax; jet fuel and aviation gasoline allocated to maintaining public-use airports; provide - CA ........................................................................................ 923, 991
HR 1379-- Camden County High School wrestling team; commend and invite to House ...................................................................................... 893
HR 1380-- Spillers, Gary; commend and invite to House ............................................. 893

6578

INDEX

HR 1381-- Sizemore, Robert Clayton; condolences; invite family to House ....................................................................................................... 893
HR 1382-- Byeok, Mr. Song; commend and invite to House.................... 893, 1129, 1159 HR 1383-- Children's Advocacy Centers Day; Feb. 15, 2012;
commend...................................................................................................... 894 HR 1384-- Milledgeville Day; Feb. 15, 2012; recognize .............................................. 894 HR 1385-- Painter, Sharon; commend........................................................................... 894 HR 1386-- Ogburn, Chrystal; commend........................................................................ 894 HR 1387-- Parker, Shelia; commend ............................................................................. 894 HR 1388-- Veinert-Massey; Svetlana; commend .......................................................... 894 HR 1389-- Wilson, Terrence; commend........................................................................ 894 HR 1390-- Nelson, Deborah; commend ........................................................................ 895 HR 1391-- Razooly, Claudia; commend........................................................................ 895 HR 1392-- Yeh, Ru Yea (Alice); commend .................................................................. 895 HR 1393-- Hutson, Yolanda; commend ........................................................................ 895 HR 1394-- Jackson, Valerie; commend ......................................................................... 895 HR 1395-- Burnett, Cheyanne; commend ..................................................................... 895 HR 1396-- Filpo, Ana; commend .................................................................................. 895 HR 1397-- Canup, Christine; commend ........................................................................ 896 HR 1398-- Asberry, Brittney; commend ....................................................................... 896 HR 1399-- Walker, Timothy; commend ........................................................................ 896 HR 1400-- Boyd, Clara; commend ................................................................................ 896 HR 1401-- Hunt, Devontae; commend .......................................................................... 896 HR 1402-- Elison, Alonzo; commend ........................................................................... 896 HR 1403-- Jeanty, Shania; commend ............................................................................ 896 HR 1404-- Hernandez, Stephanie; commend ................................................................ 897 HR 1405-- Taylor, Catherine; commend ....................................................................... 897 HR 1406-- Stanley, Ellean; commend ........................................................................... 897 HR 1407-- Rodriguez, Daniela; commend .................................................................... 897 HR 1408-- Rose, Sandra; commend .............................................................................. 897 HR 1409-- Green, Deandra; commend .......................................................................... 897 HR 1410-- Rowland, Toni; commend ........................................................................... 897 HR 1411-- Robinson, Jeunelle; commend ..................................................................... 898 HR 1412-- Rodriguez, Elias; commend......................................................................... 898 HR 1413-- Dawsey, Kelsey; commend ......................................................................... 898 HR 1414-- Wilcher, Gidgetta; commend....................................................................... 898 HR 1415-- Conally, Hellen; commend .......................................................................... 898 HR 1416-- Gordy, Mark; commend............................................................................... 898 HR 1417-- Poultry farmers; commend .......................................................................... 898

INDEX

6579

HR 1418-- Waters, Gregory; commend......................................................................... 899 HR 1419-- Fitzner, Tripp; commend ............................................................................. 899 HR 1420-- Lewis, Bryant F.; commend......................................................................... 899 HR 1421-- Vernon, Dustin; commend........................................................................... 899 HR 1422-- Thrift, John; commend................................................................................. 899 HR 1423-- Shah, Neil; commend................................................................................... 899 HR 1424-- Henry, Matt; commend ................................................................................ 899 HR 1425-- Gunn, Beau J.; commend............................................................................. 899 HR 1426-- Hutchinson, Michelle; commend................................................................. 899 HR 1427-- Davis, Rev. Eugene; commend.................................................................... 900 HR 1428-- Griffin, Kenneth W.; commend ................................................................... 900 HR 1429-- Wilkes, Tammy; commend.......................................................................... 900 HR 1430-- Meadows, Jennifer Anne M.; commend...................................................... 900 HR 1431-- Clark, Lois; commend.................................................................................. 900 HR 1432-- Carter, Amy B.; commend........................................................................... 900 HR 1433-- Brinson, Lynn; commend ............................................................................ 900 HR 1434-- Cadle, Jean Marie; commend ...................................................................... 900 HR 1435-- Daniels, Maria W.; commend ...................................................................... 900 HR 1436-- Morris, Angel; commend............................................................................. 901 HR 1437-- Ellison, Wanda S.; commend....................................................................... 901 HR 1438-- Jones, Dennis; commend ............................................................................. 901 HR 1439-- Patrolman Donald J. Mander Memorial Underpass; City
of Macon; dedicate............................................................................. 988, 1128 HR 1440-- Winder-Barrow Cheer Doggs; commend and invite to
House ...................................................................................... 972, 1400, 1417, 1420
HR 1441-- Boylan, Major General Peter J.; commend and invite to House ........................................................................................................... 972
HR 1442-- Aviran, Opher; Consul General; commend and invite to House ......................................................................................... 972, 991, 1010
HR 1443-- Stalvey, Corporal John R.; condolences; invite family to House ...................................................................................... 972, 2746, 2790, 2791
HR 1444-- Fors, Andrea; commend............................................................................... 973 HR 1445-- D'AIR Project; commend............................................................................. 973 HR 1446-- Black, Reverend Jerry D.; commend........................................................... 973 HR 1447-- "Buy DeKalb!" Initiative; recognize............................................................ 973 HR 1448-- Whitehurst, Hunter; commend..................................................................... 973 HR 1449-- Brown, Mother Mary Hines; condolences................................................... 973

6580

INDEX

HR 1450-- Cutts, Mrs. Grace Virginia Richardson Humphrey; honor ............................................................................................................ 973
HR 1451-- Healan, William D., Jr.; condolences .......................................................... 973
HR 1452-- Veader, Pam; commend............................................................................... 974
HR 1453-- Shaw, Gerald "Jerry" Michael; condolences ............................................... 974
HR 1454-- American Red Cross Month in Georgia; March, 2012; recognize...................................................................................................... 974
HR 1455-- Nat'l. Alumnae Assoc. of Spelman College-Atlanta Chapter Day; Feb. 17; recognize ................................................................. 974
HR 1456-- Georgia Association of Homes and Services for Children; recognize...................................................................................... 974
HR 1457-- American Institute of Architects Grassroots Day; Feb. 21, 2012; recognize...................................................................................... 974
HR 1458-- Hodges, Bishop Brian Keith; commend ...................................................... 974
HR 1459-- Twitty, Vernon W., Sr.; honor..................................................................... 975
HR 1460-- Skin Cancer Awareness Day; Feb. 29, 2012; recognize.............................. 975 HR 1461-- Building Owners & Managers of Atlanta; BOMA Day;
Feb. 22, 2012; recognize.............................................................................. 975 HR 1462-- McCauley, Charlotte; commend.................................................................. 975
HR 1463-- Talbotton Baptist Church; commend........................................................... 975 HR 1464-- Hugh Hodgson School of Music; University of Georgia;
honor ............................................................................................................ 975 HR 1465-- Tommie Irvin Memorial Intersection; Banks County;
dedicate .............................................................................................. 989, 1128 HR 1466-- Kingdom of Denmark; commend and invite
representatives to House ........................................................ 1002, 3691, 3705 HR 1467-- Macon Day; Feb. 29, 2012; recognize and invite public
officials to House ................................................................... 1002, 1658, 1670 HR 1468-- Turkish American Day; Feb. 21, 2012; recognize &
invite representatives to House............................................. 1002, 1129, 1158, 1159
HR 1469-- Tattnall Square Academy Trojans football team; commend.......................................................................................... 1002, 1333
HR 1470-- Miss Suwanee pageant; recognize ............................................................. 1002
HR 1471-- Peek's Chapel Baptist Church; recognize .................................................. 1002
HR 1472-- Weaver, Beverly; commend ...................................................................... 1003
HR 1473-- Gilmer High School robotics team; commend .......................................... 1003
HR 1474-- Sloan, Holly; commend ............................................................................. 1003 HR 1475-- Maddox, Honorable Gene; commend.............................................. 1003, 3705
HR 1476-- Tankersley, Mr. Cliff; commend ............................................................... 1003
HR 1477-- Masiarczyk, David; commend ................................................................... 1003

INDEX

6581

HR 1478-- Dunaway, William David; commend ........................................................ 1003 HR 1479-- Brady, Charles Nilsson; commend ............................................................ 1003 HR 1480-- Kauffmann, James Thomas; commend...................................................... 1004 HR 1481-- Whitfield, Jonathan Ransom; commend.................................................... 1004 HR 1482-- West, Victor Herbert; commend................................................................ 1004 HR 1483-- Herrel, Kristin Theresa; commend ............................................................ 1004 HR 1484-- Castaneda, Alma Guadalupe; commend.................................................... 1004 HR 1485-- Ortiz, Abraham; commend ........................................................................ 1004 HR 1486-- Shaw, Kristin; commend ........................................................................... 1004 HR 1487-- Hampton, Lakeisha Nashay; commend ..................................................... 1005 HR 1488-- Zemblowski, Sunni Ann; commend .......................................................... 1005 HR 1489-- Traas, Julian R.; commend ........................................................................ 1005 HR 1490-- Whitaker, Amy Elizabeth; commend ........................................................ 1005 HR 1491-- Davis, Kelly; commend ............................................................................. 1005 HR 1492-- Collins, Lynn; commend ........................................................................... 1005 HR 1493-- Mincey, Katherine A.; commend............................................................... 1006 HR 1494-- McConnell, Mary Beth; commend ............................................................ 1006 HR 1495-- Brooks, Jenny Lea R.; commend............................................................... 1006 HR 1496-- Ailion, Alyssa; commend .......................................................................... 1006 HR 1497-- Bon, Nicholas R.; commend ...................................................................... 1006 HR 1498-- Sadowski, Hannah Blake Stute; commend................................................ 1006 HR 1499-- Little, James Gardner; commend............................................................... 1007 HR 1500-- Brown, Elisabeth Victoria; commend........................................................ 1007 HR 1501-- Trice, Shavon; commend ........................................................................... 1007 HR 1502-- Hendricks, Skylar R.; commend................................................................ 1007 HR 1503-- Jeffords, Stephanie Grace; commend ........................................................ 1007 HR 1504-- Jones, Laura M.; commend........................................................................ 1007 HR 1505-- Whatley, Kristan; commend ...................................................................... 1008 HR 1506-- Walters, Colleen; commend....................................................................... 1008 HR 1507-- Carter, Jody E.; commend ......................................................................... 1008 HR 1508-- Henderson, Heyley Nicole; commend....................................................... 1008 HR 1509-- Herbert, Heather Erin; commend............................................................... 1008 HR 1510-- Whaley, Christopher; commend ................................................................ 1008 HR 1511-- Sellers, Matthew; commend ...................................................................... 1009 HR 1512-- Gober, Isaiah; commend ............................................................................ 1009 HR 1513-- Gober, Joshua; commend........................................................................... 1009 HR 1514-- Braswell, Mary Ester; commend ............................................................... 1009 HR 1515-- Douglas, Faith; commend .......................................................................... 1009 HR 1516-- Kennell, Timothy I.; commend.................................................................. 1009

6582

INDEX

HR 1517-- Mullis, Victoria; commend ........................................................................ 1010 HR 1518-- Doss, Brenda N.; commend ....................................................................... 1010 HR 1519-- Joint Early Learning Study Committee; create................................ 1127, 1234 HR 1520-- Georgia students of Classical Conversations, Inc.;
commend.................................................................................................... 1216 HR 1521-- Charter schools; creation of alternate authorizers to
approve establishment; authorize General Assembly CA .................................................................................................... 1127, 1234 HR 1522-- National Guard Day; Feb. 22, 2012; recognize and invite to House ...................................................................... 1215, 1224, 1236,
1259 HR 1523-- Alaina, Lauren; American Idol; commend and invite to
House ..................................................................................... 1215, 1439, 1452 HR 1524-- Wesleyan College; commend and invite President Ruth
Knox to House ....................................................................... 1215, 1658, 1670 HR 1525-- Chattahoochee District; commend and invite to House ....... 1216, 3735, 3748,
3749 HR 1526-- Decatur County Forestry Unit; commend and invite to
House .................................................................................... 1216, 3735, 3748, 3749
HR 1527-- Coweta-Fayette-South Fulton County Forestry Unit; commend and invite to House .............................................. 1216, 3735, 3749, 3750
HR 1528-- Alpha Phi Alpha Fraternity, Inc.; commend and invite to House ..................................................................................................... 1216
HR 1529-- Georgia Guard soldiers and airmen; fallen; honor .......................... 1217, 1224 HR 1530-- Baldree, Rhianna Nicole; commend .......................................................... 1217 HR 1531-- Roberts, Marie H.; commend..................................................................... 1217 HR 1532-- Hawkins, John Barrett "J.B."; condolences ............................................... 1217 HR 1533-- Gomez, Colonel Rainer G.; commend....................................................... 1217 HR 1534-- Coosa High School cheerleading squad; commend......................... 1217, 1452 HR 1535-- Trion High School Cheerleading Squad; commend ........................ 1217, 1452 HR 1536-- Roswell Rotary Club; commend................................................................ 1218 HR 1537-- Lott, Charles A. "Tripp", III; commend..................................................... 1218 HR 1538-- Emanuel County; bicentennial; commend................................................. 1218 HR 1539-- A Bag's Life Day; Feb. 28, 2012; recognize.............................................. 1218 HR 1540-- Young, Ambassador Andrew; commend......................................... 1218, 1333 HR 1541-- Waddy, Reverend Isaiah J.; commend ...................................................... 1218 HR 1542-- Deputy Richard Daniels Memorial Bridge; Twiggs
County; dedicate .............................................................................. 1233, 1295

INDEX

6583

HR 1543-- House Study Commission on Subsidiary Corporation Condemnation for Electric Transmission Lines; create .................. 1293, 1398
HR 1544-- 2011 Georgia USGA Women's Golf Team; commend and invite to House ................................................................ 1270, 1527, 1582
HR 1545-- Hudson, Dr. Charles D.; condolences; invite family to House .................................................................................... 1270, 1527, 1582, 1583
HR 1546-- Pollard, Eddie; commend and invite to House ..................... 1270, 1400, 1417, 1420
HR 1547-- Tanner, Margaret; commend ..................................................................... 1270
HR 1548-- Hedgpeth, Victor; commend...................................................................... 1270
HR 1549-- United Technologies Corporation Employee Scholar Day; Feb. 23, 2012; recognize................................................................... 1270
HR 1550-- Hall, Mary Elaine Philyaw; condolences................................................... 1271
HR 1551-- Turner, Scott; commend ............................................................................ 1271
HR 1552-- Barkley, Johntavious; commend................................................................ 1271
HR 1553-- Georgia Tech Cooperative Education Program; commend.................................................................................................... 1271
HR 1554-- Smalls-Muldrow, Kenneth; commend....................................................... 1271
HR 1555-- Emanuel County; commend ...................................................................... 1271
HR 1556-- Giddens, Spencer; commend ..................................................................... 1271
HR 1557-- McNally, Meggan; commend .................................................................... 1272
HR 1558-- McDeermond, Ryan; commend................................................................. 1272
HR 1559-- Walls, Jessie; commend............................................................................. 1272
HR 1560-- Neufeldt, Whitney; commend.................................................................... 1272
HR 1561-- United States Department of Labor; recall proposed policies; urge......................................................................... 1294, 1398, 2167, 3808
HR 1562-- United States Congress; expand eligibility requirements of H-2A guest worker program; urge .............................................. 1294, 1398
HR 1563-- Hind, Kay H.; commend .................................................................. 1333, 1388
HR 1564-- Georgia Student Finance Commission; provide necessary data and information to assess whether HOPE scholarship is meeting desired results; urge .................................... 1398, 1438
HR 1565-- Heaberlin, Dr. Bob; commend and invite to House.............. 1387, 1400, 1417, 1421
HR 1566-- "Georgia On My Mind"; 33rd anniversary; recognize & invite daughter to House ........................................................ 1387, 2167, 2188
HR 1567-- Charles, Sheilia Raye; commend and invite to House............................... 1387
HR 1568-- Taylor, Dr. John C.; commend and invite to House .............. 1388, 3895, 3949

6584

INDEX

HR 1569-- Kate's Club Grief Awareness Day; March 1; commend & invite directors to House................................................... 1388, 1658, 1670, 1671
HR 1570-- Genocide Prevention and Awareness Month; commend and invite coalition to House ................................................ 1388, 3653, 3654, 3675
HR 1571-- Wilson, Cyrus Carrier; commend .............................................................. 1388 HR 1572-- Little, Grace; commend ............................................................................. 1389 HR 1573-- Hemophilia of Georgia Day; March 1, 2012; recognize ........................... 1389 HR 1574-- Abernathy, J. Bradley; condolences .......................................................... 1389 HR 1575-- Carpenter, Dr. L. Wendell; condolences ................................................... 1389 HR 1576-- Kelley Family; commend .......................................................................... 1389 HR 1577-- Sumner, Greg; commend ........................................................................... 1389 HR 1578-- Smith, Bud; commend ............................................................................... 1389 HR 1579-- Hunter, David; commend........................................................................... 1389 HR 1580-- Hunter, Nancy Smith; commend ............................................................... 1390 HR 1581-- Rogers, Rachel; commend ......................................................................... 1390 HR 1582-- Shealy, Bryan; commend........................................................................... 1390 HR 1583-- Denman, Shirley Miller; commend ........................................................... 1390 HR 1584-- Lovel, Nina; commend .............................................................................. 1390 HR 1585-- Tillman, Mr. Earl; commend ..................................................................... 1390 HR 1586-- Hadassah; 100th anniversary; commend ................................................... 1391 HR 1587-- Comcast; Leaders and Achievers and Internet Essentials
Programs; commend .................................................................................. 1391 HR 1588-- Grant, Deon; commend and invite to House ................................... 1421, 1423 HR 1589-- Kustra, Thomas; Trooper First Class; commend and
invite to House ....................................................................... 1418, 3895, 3949 HR 1590-- Hope, Shane; commend and invite to House......................... 1419, 3895, 3949 HR 1591-- Hopper, Mark; commend and invite to House...................... 1419, 3895, 3949,
3950 HR 1592-- Whitlock, Captain Nicholas Schade; condolences .................................... 1419 HR 1593-- Smith, Ms. Grace Sophia Francis; commend ............................................ 1419 HR 1594-- Khojaly Massacre; memory of victims; honor .......................................... 1419 HR 1595-- McGill, Hazel L. Lanier; condolences....................................................... 1419 HR 1596-- Kustra, Thomas; Trooper First Class; commend....................................... 1419 HR 1597-- Hope, Shane; commend ............................................................................. 1420 HR 1598-- Hopper, Mark; commend........................................................................... 1420 HR 1599-- Williams, Honorable Roger; commend ..................................................... 1420 HR 1600-- Children's Day at the capitol; Feb. 28, 2012; recognize............................ 1420 HR 1601-- Oliver, Ms. Beulah Rucker; commend ...................................................... 1420

INDEX

6585

HR 1602-- Louie Clark Highway; Madison County; dedicate .......................... 1437, 1526
HR 1603-- United Nations; Agenda 21; recognize the destructive and insidious nature ......................................................................... 1437, 1526
HR 1604-- Pearson, Monica; commend and invite to House ................. 1516, 4513, 4598, 4601
HR 1605-- Hanks, Dr. Lawrence J., Sr.; condolences ................................................. 1516
HR 1606-- Giles, Mrs. Hope; commend ...................................................................... 1517
HR 1607-- Savannah Chapter #159 of the Order of the Eastern Star, Prince Hall; recognize ....................................................................... 1517
HR 1608-- Top Ladies of Distinction, Incorporated; commend.................................. 1517
HR 1609-- Aigner-Muehler, Anna; commend............................................................. 1517
HR 1610-- General Assembly; Senate not more than 38 Senators and House not more than 120 Representatives as of January 1, 2015; provide - CA......................................................... 1525, 1656
HR 1611-- Baldwin County; preserve the sovereignty of a federal corporation to engage in certain commercial activities; recognize the need ................................................................. 1525, 1656, 3733
HR 1612-- John S. Gibson Memorial Highway; Coffee County; dedicate ............................................................................................ 1525, 1656
HR 1613-- Tanner, Anthony; commend ...................................................................... 1632
HR 1614-- Bickers, Dr. Mitzi L.; commend and invite to House........... 1632, 2746, 2790, 2791
HR 1615-- Forest Park Teen Council; commend and invite to House ......................................................................................................... 1632
HR 1616-- Georgia Academy of Audiology Day; Feb. 29, 2012; recognize.................................................................................................... 1632
HR 1617-- Reichert, Albert Phillips; condolences ...................................................... 1632
HR 1618-- Reichert, Elizabeth Walton Bowen "Chunk"; condolences................................................................................................ 1632
HR 1619-- American Bikers Active Toward Education; Feb. 29, 2012; Bikers Day; recognize ..................................................................... 1633
HR 1620-- Cardinale, Mr. Matthew Charles; commend.............................................. 1633
HR 1621-- Wright, Ms. Sharonda; commend.............................................................. 1633
HR 1622-- Age, Ms. Zina; commend .......................................................................... 1633
HR 1623-- Turner, Ms. Verdaillia; commend ............................................................. 1633
HR 1624-- Drew, Master Sergeant Angela D.; commend ........................................... 1633
HR 1625-- Santangelo, Mr. Leonard; commend ......................................................... 1633 HR 1626-- Civil Air Patrol Day; March 7, 2012; recognize........................................ 1633
HR 1627-- Hall, Wayne Franklin; condolences........................................................... 1634
HR 1628-- Patterson, Chief Samuel F.; commend ...................................................... 1634
HR 1629-- Braswell-Battle, Irma; commend............................................................... 1634

6586

INDEX

HR 1630-- Goree, Jessie; commend ............................................................................ 1634 HR 1631-- Camden County High School wrestling team; commend ......................... 1634 HR 1632-- Dickey, Marjie Martin; 21st birthday; celebrate........................................ 1634 HR 1633-- Giles, Shelby; commend ............................................................................ 1634 HR 1634-- Laible, Brenden; commend........................................................................ 1634 HR 1635-- March of Dimes Day; March 5, 2012; recognize ...................................... 1635 HR 1636-- Stone, Mr. Larry; commend....................................................................... 1635 HR 1637-- Sparks, James; commend........................................................................... 1635 HR 1638-- Ledel, Matthew; commend ........................................................................ 1635 HR 1639-- Sligh, Stuart Frederick, Jr.; condolences ................................................... 1635 HR 1640-- Georgia Lottery Corporation; Board of Directors;
approve use of video lottery terminals; urge ................................... 1654, 1948 HR 1641-- Sweet Shoppe; owners Nikki Gribble and Susan Catron;
commend and invite to House ......................................................... 1670, 1695 HR 1642-- Highway 98 by Ricky Fitzpatrick Highway; Commerce
to Danielsville; dedicate................................................................... 1946, 2166 HR 1643-- Ruth B. Crawford Highway; Richmond County;
dedicate ............................................................................................ 1946, 2166 HR 1644-- House Study Committee on Subsidiary Corporation
Condemnation for Electric Transmission Lines; create ........ 1946, 2166, 3733 HR 1645-- President Obama and Congress; propose overtime
initiative be added to Fair Labor Standards Act; urge..................... 1947, 2166 HR 1646-- Taiwan; relations with the United States; commend ................................. 1696 HR 1647-- Corinth Christian Church; honor ............................................................... 1696 HR 1648-- Adams, Normer; Ga. Assoc. of Homes and Services for
Children; commend.................................................................................... 1696 HR 1649-- Georgia Day; Sep. 25, 2012; recognize ..................................................... 1697 HR 1650-- Tritt Elementary School; commend........................................................... 1697 HR 1651-- Timber Ridge Elementary School; commend............................................ 1697 HR 1652-- Mt. Bethel Elementary School; commend................................................. 1697 HR 1653-- Walton High School; commend................................................................. 1697 HR 1654-- Dickerson Middle School; commend ........................................................ 1697 HR 1655-- Hightower Trail Middle School; commend............................................... 1697 HR 1656-- Dodgen Middle School; commend ............................................................ 1698 HR 1657-- Rocky Mount Elementary School; commend............................................ 1698 HR 1658-- Shallowford Falls Elementary School; commend ..................................... 1698 HR 1659-- Pope High School; commend .................................................................... 1698 HR 1660-- Murdock Elementary School; commend ................................................... 1698 HR 1661-- East Side Elementary School; commend................................................... 1698 HR 1662-- Rainey, Lex; commend .............................................................................. 1698

INDEX

6587

HR 1663-- Moultrie, Ms. Martha Collins Lynch; commend ....................................... 1699 HR 1664-- Bennett, Dr. Cindy; commend ................................................................... 1699 HR 1665-- Professional Social Workers Month; March, 2012;
recognize.................................................................................................... 1699 HR 1666-- LifeSouth Community Blood Centers; Five Points of
Life Foundation; commend........................................................................ 1699 HR 1667-- St. Patrick's Day Parade Committee; commend .............................. 1699, 3677 HR 1668-- Anthony, Ms. Madeleine Kiker; honor...................................................... 1699 HR 1669-- McClung, Arthur Joseph, Jr.; condolences................................................ 1699 HR 1670-- Georgia Links Day; March 14, 2012; recognize ....................................... 1700 HR 1671-- Starnes, Ms. Jane; commend ..................................................................... 1700 HR 1672-- United States Congress; expand eligibility and reduce
over regulation of H-2A guest worker program; urge ..................... 1947, 2166 HR 1673-- Deputy James D. Paugh Memorial Interchange;
Augusta-Richmond County; dedicate.............................................. 1947, 2166 HR 1674-- Deputy James D. Paugh Memorial Interchange;
Augusta-Richmond County; dedicate.............................................. 1947, 2166 HR 1675-- House Study Committee on Compensation for the
Convicted Innocent; create .............................................................. 1947, 2166 HR 1676-- John Flournoy Interchange; Muscogee County; dedicate ............... 1656, 1948 HR 1677-- State of Georgia; pursue desalination technology; urge.................. 2166, 2745 HR 1678-- Atkinson, Curtis Lee; commend and invite to House........... 2022, 3768, 3784,
3807 HR 1679-- Scott, Dr. Beverly A.; commend and invite to House ............................... 2022 HR 1680-- Landreth, Ms. Barbara; commend ............................................................. 2022 HR 1681-- Mercier, Ms. Adele; commend .................................................................. 2023 HR 1682-- McMahon, Major General Robert; commend ........................................... 2023 HR 1683-- Yancey, Ms. Evonne; commend................................................................ 2023 HR 1684-- Varner, Gary; commend ............................................................................ 2023 HR 1685-- McKee, Mr. Richard; commend ................................................................ 2023 HR 1686-- Dunn, Coy J., Jr.; commend ...................................................................... 2023 HR 1687-- Luther Judson Price Middle School football team;
commend.................................................................................................... 2023 HR 1688-- Mills, Ms. Helene S.; commend ................................................................ 2023 HR 1689-- Bell, Eldrin; commend............................................................................... 2024 HR 1690-- McDonald, Reverend Timothy, III; commend .......................................... 2024 HR 1691-- Mosley, Ms. Vernell; commend ................................................................ 2024 HR 1692-- Chatmon, Ms. Geri; commend................................................................... 2024 HR 1693-- Walls, Ms. Ruthie Garrett; commend ........................................................ 2024 HR 1694-- Queen, Mr. Arthur; commend ................................................................... 2024

6588

INDEX

HR 1695-- Mack, Ms. Deborah; commend ................................................................. 2024 HR 1696-- Blake, Dr. Sherry; commend ..................................................................... 2024 HR 1697-- Knight-Ofosu, Dr. Pauline; commend ....................................................... 2025 HR 1698-- Randall, Representative Nikki; commend ................................................. 2025 HR 1699-- Powers, Honorable Georgia Montgomery Davis;
commend.................................................................................................... 2025 HR 1700-- Adjournment; relative to........................................................ 2078, 2088, 2514 HR 1701-- Lemon, Ms. Dana; commend..................................................................... 2025 HR 1702-- Hopkins, Ms. Sherry Rochelle; commend................................................. 2025 HR 1703-- Cooper, Representative Sharon; commend................................................ 2025 HR 1704-- Anderson, Marcia; honor ........................................................................... 2025 HR 1705-- Bates, Ms. Angie; commend...................................................................... 2026 HR 1706-- Randall, Honorable William C.; commend ............................................... 2026 HR 1707-- Davis, Honorable Grace Wilkerson; condolences ..................................... 2026 HR 1708-- Lennon, Ms. Janulyn Yvette; commend .................................................... 2026 HR 1709-- Clark, Honorable Betty Jean; condolences................................................ 2026 HR 1710-- Young, Mr. James E.; condolences ........................................................... 2026 HR 1711-- Amyotrophic Lateral Sclerosis Awareness Day; March
7, 2012; recognize...................................................................................... 2027 HR 1712-- Douglas County Chamber Singers; commend........................................... 2027 HR 1713-- Veterans Remembered Flag; recognize ..................................................... 2027 HR 1714-- Wittenstein, Mr. Robert; commend ........................................................... 2027 HR 1715-- Ross, Mr. Danny; commend ...................................................................... 2027 HR 1716-- Wright, Mr. Ken; commend....................................................................... 2027 HR 1717-- ViaCyte; commend .................................................................................... 2027 HR 1718-- Northlake Community Alliance, Inc.; commend....................................... 2028 HR 1719-- Peanut Butter and Jelly Day; March 6, 2012; commend........................... 2028 HR 1720-- Blue Cross and Blue Shield of Georgia; commend ................................... 2028 HR 1721-- Rhodes, Dr. William H., Jr.; commend ..................................................... 2028 HR 1722-- House Study Committee on Alternative Living Services
Reimbursement Rates; create ................................................ 2166, 2745, 3785 HR 1723-- Chapman, Jeffery Lyndon; commend........................................................ 2090 HR 1724-- Duffy, Brian; commend ............................................................................. 2090 HR 1725-- Down syndrome; need to raise awareness; recognize ............................... 2090 HR 1726-- Henry County Middle School's art classes; commend .............................. 2090 HR 1727-- Bell, Joseph N.; commend ......................................................................... 2090 HR 1728-- Houston, Ms. Whitney; condolences ......................................................... 2090 HR 1729-- National Association of Black Social Workers;
commend.................................................................................................... 2090

INDEX

6589

HR 1730-- John B. Box Memorial Bridge; Greene County; dedicate ............................................................................................ 2166, 2745
HR 1731-- House Comprehensive Motor Vehicle and Traffic Reform Study Committee; create ......................................... 2744, 3652, 3760 4864
HR 1732-- Chief Vann Bypass; Floyd County; dedicate................................... 2744, 3652
HR 1733-- Harold Shedd Highway; Haralson County; dedicate....................... 2744, 3652
HR 1734-- Charles N. "Judy" Poag Memorial Highway; Murray County; dedicate .............................................................................. 2745, 3652
HR 1735-- Gilmer High School wrestling team; commend and invite to House ................................................................................. 2790, 2791
HR 1736-- Young Democrats, Lambda Alliance, and Ally Outreach; University of Ga.; commend..................................................... 3630
HR 1737-- Brain and Spinal Cord Injury Study Committee; create.................. 3651, 3688
HR 1738-- House Variable Sales Tax Study Committee; create....................... 3652, 3688
HR 1739-- Gray Elementary School; Dole Food Company; commend and invite reps to House....................................... 3628, 3653, 3674, 3675
HR 1740-- Groves High School; Dole Food Company; commend and invite reps to House........................................................ 3628, 3653, 3674, 3675
HR 1741-- Heard Mixon Elementary School; Dole Food Company; commend & invite reps to House .............................................................. 3629
HR 1742-- Omega Psi Phi Fraternity, Inc., Day; March 13, 2012; commend and invite to House ............................................... 3629, 3653, 3675
HR 1743-- Dodson, Mr. Henry David, Jr.; commend and invite to House ......................................................................................................... 3629
HR 1744-- McClain, Mr. Dewey Loren; commend and invite to House ......................................................................................................... 3629
HR 1745-- Andrews, Rear Admiral Annie B.; commend and invite to House ................................................................................ 3629, 4513, 4598, 4601
HR 1746-- Gatewood School girls basketball team; commend and invite to House ...................................................................... 3629, 3735, 3748, 3750
HR 1747-- Morrill Act; recognize and invite UGA president to House ..................................................................................... 3630, 3691, 3705
HR 1748-- Freeman, Mrs. Jo Neal; condolences......................................................... 3633
HR 1749-- Hawkins, Mr. Herbert (Herb) C., Jr.; condolences.................................... 3633
HR 1750-- Lakeside High School; commend.............................................................. 3634
HR 1751-- Forest Park Teen Council; commend ........................................................ 3634
HR 1752-- House Interns for 2012 Regular Session; commend ................................. 3634

6590

INDEX

HR 1753-- Nimmer, Mr. William T.; commend.......................................................... 3634 HR 1754-- State YMCA of Georgia's Youth Assembly; commend............................ 3634 HR 1755-- Stephens, Ms. Ovis; commend .................................................................. 3634 HR 1756-- 2012 Georgia Cotton Queens; commend................................................... 3634 HR 1757-- Randall, Mr. Andre Kenneth "Chase"; commend ..................................... 3634 HR 1758-- Hapeville Elementary School; commend .................................................. 3635 HR 1759-- Tucker High School Tigers; 2011 Class AAAA State
Championship; commend .......................................................................... 3635 HR 1760-- Oh, Dr. Sang Wan; commend.................................................................... 3635 HR 1761-- Japan; recovery and rebuilding efforts; commend..................................... 3635 HR 1762-- Delta Sigma Theta Sorority, Inc.; February 27, 2012, as
Delta Day at the state capitol; recognize ................................................... 3635 HR 1763-- Oliver, Mr. Samuel L.; condolences.......................................................... 3635 HR 1764-- Lee, Mr. Allen; condolences...................................................................... 3635 HR 1765-- Historic Bennett Union Missionary Baptist Church;
commend.................................................................................................... 3635 HR 1766-- Hayslett, Ms. Marlit; commend ................................................................. 3636 HR 1767-- Simmons, Mary Hudmon; 100th birthday; honor ..................................... 3636 HR 1768-- Chronic Obstructive Pulmonary Disease Awareness
Month; May, 2012; proclaim ..................................................................... 3636 HR 1769-- Fire Station 19 firefighters; commend....................................................... 3636 HR 1770-- Bruce, Dr. James Frederick, Jr.; commend................................................ 3636 HR 1771-- AdEdge Water Technologies; commend ................................................... 3636 HR 1772-- Georgia's cooperatives; 2012 as International Year of
Cooperatives; recognize............................................................................. 3636 HR 1773-- Little, Mrs. Mattie Ruth; 100th birthday; commend ................................. 3637 HR 1774-- Whitewater Middle School; commend ...................................................... 3637 HR 1775-- Bennett's Mill Middle School; commend .................................................. 3637 HR 1776-- J.C. Booth Middle School; commend........................................................ 3637 HR 1777-- Whitewater High School; commend.......................................................... 3637 HR 1778-- Huddleston Elementary School; commend ............................................... 3637 HR 1779-- Sandy Creek High School; commend........................................................ 3637 HR 1780-- Braelinn Elementary School; commend .................................................... 3638 HR 1781-- Peachtree City Elementary School; commend .......................................... 3638 HR 1782-- Brooks Elementary School; commend ...................................................... 3638 HR 1783-- North Fayette Elementary School; commend............................................ 3638 HR 1784-- Starr's Mill High School; commend .......................................................... 3638 HR 1785-- Crabapple Lane Elementary School; commend ........................................ 3638 HR 1786-- Rising Starr Middle School; commend...................................................... 3638 HR 1787-- Harp Minter Elementary School; commend .............................................. 3639

INDEX

6591

HR 1788-- Kedron Elementary School; commend...................................................... 3639 HR 1789-- Peeples Elementary School; commend...................................................... 3639 HR 1790-- Tyrone Elementary School; commend ...................................................... 3639 HR 1791-- McIntosh High School; commend ............................................................. 3639 HR 1792-- Spring Hill Elementary School; commend ................................................ 3639 HR 1793-- 2012 as Georgia Year of Cooperatives; recognize .................................... 3639 HR 1794-- Munford, Ms. Lottie Mae Reid; 100th birthday; honor............................. 3640 HR 1795-- The Brickery in Sandy Springs, Georgia; 20th
anniversary; commend............................................................................... 3640 HR 1796-- Terry College of Business; Executive Master of
Business Administration program; commend ........................................... 3640 HR 1797-- 25th annual law enforcement cookout; commend ..................................... 3640 HR 1798-- McDaniel, Honorable Hugh Lee; commend.................................... 3640, 4598 HR 1799-- Metropolitan North Georgia Water Planning District;
commend.................................................................................................... 3640 HR 1800-- Watkins, Mr. Vincent B., J.D.; commend ................................................. 3640 HR 1801-- Allen, Bishop O.C., III; commend............................................................. 3641 HR 1802-- Farmer, Ms. Dwanda; commend ............................................................... 3641 HR 1803-- J.E. Edmonds Elementary School; commend............................................ 3641 HR 1804-- Meredith, Reverend Dennis A.; commend ................................................ 3641 HR 1805-- Robertson, Ms. Shelitha; commend........................................................... 3641 HR 1806-- Cowser, Ms. Marie; condolences............................................................... 3641 HR 1807-- Westwood Schools's football team; commend .......................................... 3641 HR 1808-- Kelso Horne Memorial Highway; Laurens County;
dedicate ............................................................................................ 3652, 3688 HR 1809-- United State Congress; enact FairTax and ratify the
repeal of the 16th Amendment; urge ............................................... 3686, 3732 HR 1810-- Jarrell, Mr. Lannie Southwell, III; Stacye Jarrell;
commend & invite to House ................................................. 3677, 4513, 4599, 4602
HR 1811-- Atlanta's John Marshall Law School's negotiation team; recognize.................................................................................................... 3677
HR 1812-- National Groundwater Awareness Week; March 11-17, 2012; recognize.......................................................................................... 3677
HR 1813-- Lu, Mr. Chris; commend ........................................................................... 3677 HR 1814-- Ahuja, Ms. Kiran; commend ..................................................................... 3678 HR 1815-- Gale, Officer Courtney; commend ............................................................ 3678 HR 1816-- Sibilly, Ms. Lorette A.; commend ............................................................. 3678 HR 1817-- Higginbotham, Miss Laurel Noelle; commend ......................................... 3678 HR 1818-- Phil Streetman Day; March 22, 2012; recognize....................................... 3678

6592

INDEX

HR 1819-- Davidson College men's basketball team; commend ................................ 3678 HR 1820-- McKenzie-Jackson, Dr. Traci; commend ........................................ 3678, 3784 HR 1821-- Bloodworth, GeorgAnne; commend.......................................................... 3678 HR 1822-- Robinson, Mrs. Lisa; commend................................................................. 3679 HR 1823-- Hunter, Coach Ron; commend .................................................................. 3679 HR 1824-- Billingsley, Chris; commend ..................................................................... 3679 HR 1825-- Hugh Carroll Butler Memorial Bridge; Chatham
County; dedicate .............................................................................. 3686, 3732 HR 1826-- Jim Wetherington Interchange; Muscogee County;
dedicate ............................................................................................ 3688, 3732 HR 1827-- Mrs. Glenda and Dr. John Covington Highway;
Paulding County; dedicate ............................................................... 3688, 3732 HR 1828-- State YMCA of Georgia's Youth Assembly; commend
and invite participants to House ........................................... 3721, 3735, 3749, 3750
HR 1829-- Daly, Deputy Sheriff Richard Joseph; condolences; invite family to House................................................................................ 3722
HR 1830-- Genocide Prevention/Awareness Month; recognize & invite coalition to House ........................................................ 3722, 3735, 3750
HR 1831-- Chastain, Ms. Blanche; commend ............................................................. 3722 HR 1832-- Milton High School boys basketball team; commend............................... 3722 HR 1833-- Milton High School girls lacrosse team; commend................................... 3722 HR 1834-- Webb Bridge Middle School academic bowl team;
commend.................................................................................................... 3722 HR 1835-- Bowen, Major Julian; commend................................................................ 3723 HR 1836-- Oglesby, Mr. Morris; commend ................................................................ 3723 HR 1837-- Capitol Commission; Pastor Ron J. Bigalke; commend............................ 3723 HR 1838-- Sapp, Mr. James T.; commend .................................................................. 3723 HR 1839-- Gibbons, Mr. Hartley, Jr.; commend ......................................................... 3723 HR 1840-- Dent, Reverend Rickey G.; commend ....................................................... 3723 HR 1841-- McDaniel, William Kenneth "Coach Mac", Sr.;
condolences................................................................................................ 3723 HR 1842-- Stanley, Reverend David L., Sr.; commend .............................................. 3724 HR 1843-- English, Apostle Sanjay; commend........................................................... 3724 HR 1844-- Phi Theta Kappa; commend....................................................................... 3724 HR 1845-- Walker, Ms. Dionne; commend................................................................. 3724 HR 1846-- Davidson, Alexis Carl; commend.............................................................. 3724 HR 1847-- Gould, Ms. Julia; commend....................................................................... 3724 HR 1848-- Milton High School boys basketball team; commend
and invite to House .......................................................................... 3749, 3750

INDEX

6593

HR 1849-- Sergeant Major James E. Jones Memorial Bridge; Berrien County; dedicate ................................................................. 3731, 3767
HR 1850-- Mosher, Deana Lynn; retirement; congratulate and invite to House ................................................................................. 3756, 5637
HR 1851-- Reid, Pastor W.J.; commend...................................................................... 3757 HR 1852-- Woodfield Academy; Mrs. Susan Jukes; commend .................................. 3757 HR 1853-- Williams, Ms. Cynthia; commend ............................................................. 3757 HR 1854-- Prostate Cancer Awareness Month; September, 2012;
recognize.................................................................................................... 3757 HR 1855-- Edge, Officer Mark; commend .................................................................. 3757 HR 1856-- Rodgers, Officer Jeff; commend................................................................ 3757 HR 1857-- Noibi, Dr. Abayomi "Yomi"; commend.................................................... 3757 HR 1858-- Center for Black Women's Wellness, Inc.; recognize ............................... 3758 HR 1859-- Spraetz, Ms. Cathy Willis; commend ........................................................ 3758 HR 1860-- Georgia Pre-K Week; first week of October, 2012;
recognize.................................................................................................... 3758 HR 1861-- Childs, Leigh; commend............................................................................ 3758 HR 1862-- Knight, Mr. Phillip; commend................................................................... 3758 HR 1863-- Kemp, Jennifer; commend......................................................................... 3758 HR 1864-- Chitty, Troy, II; commend ......................................................................... 3758 HR 1865-- Jackson, Ashleigh; commend .................................................................... 3758 HR 1866-- Montgomery, Terri; commend................................................................... 3759 HR 1867-- Scamihorn, Cheryl; commend ................................................................... 3759 HR 1868-- Yawn, Mr. Bruce; commend ..................................................................... 3759 HR 1869-- Kent, Ms. Sandy; commend....................................................................... 3759 HR 1870-- Murray, Anne Tanner; commend .............................................................. 3759 HR 1871-- Georgia World Congress Center Authority; use free
market principles with any contracts or rights for a new Atlanta Falcons stadium; urge ......................................................... 3765, 3894 HR 1872-- Coretta Scott King Memorial Highway; Clayton County; dedicate .............................................................................. 3766, 3894 HR 1873-- House Study Committee on Defensive Medicine and Patient Compensation; create ................................................ 3893, 4512, 5288 HR 1874-- State-funded higher-learning institutions; establish recycling and waste management; urge........................................... 3893, 4512 HR 1875-- McEachern High School girls basketball team; commend and invite to House .............................................. 3814, 3895, 3949,
3950 HR 1876-- Strength, Sheriff Ronald; commend and invite to House...... 3814, 4707, 4760 HR 1877-- Howard, Tony; Senior Police Officer; commend ...................................... 3814

6594

INDEX

HR 1878-- Christian, Elmer B. "Buddy", III; Senior Police Officer; condolences................................................................................................ 3814
HR 1879-- Youth Leadership Thomasville-Thomas County; recognize.................................................................................................... 3814
HR 1880-- Reed, Dr. Sandra B.; commend ................................................................. 3815 HR 1881-- Walker, Ms. Ruth; condolences................................................................. 3815 HR 1882-- CHRIS Kids Day; March 22, 2012; recognize .......................................... 3815 HR 1883-- Georgia Department of Public Safety; recognize ...................................... 3815 HR 1884-- Georgia State Patrol Post 42; Department of Driver
Services; commend .................................................................................... 3815 HR 1885-- Dodson, Mr. Henry David, Jr.; commend ................................................. 3815 HR 1886-- Samuel Chapter #9 of the Order of the Eastern Star;
commend.................................................................................................... 3815 HR 1887-- Morgan, Bruce; commend ......................................................................... 3815 HR 1888-- Flowers, Jordan; commend ........................................................................ 3816 HR 1889-- Fletcher, Sahara; commend........................................................................ 3816 HR 1890-- Love, Frank; commend .............................................................................. 3816 HR 1891-- Downs, Maddie; commend ........................................................................ 3816 HR 1892-- Redding, Erika; commend ......................................................................... 3816 HR 1893-- Christy, Katie; commend ........................................................................... 3816 HR 1894-- Stafford, Nicole; commend........................................................................ 3816 HR 1895-- Astles, Rachel; commend .......................................................................... 3817 HR 1896-- Houk, Julian; commend ............................................................................. 3817 HR 1897-- Anaphylaxis Awareness Week; August 26 through
September 1, 2012; recognize.................................................................... 3817 HR 1898-- Brooks, Jonathan Samuel Warren; condolences........................................ 3817 HR 1899-- Joshua Project Worldwide; commend ....................................................... 3817 HR 1900-- Christian Aid Mission Partnership; commend........................................... 3817 HR 1901-- Cram, Coach Rusty; commend .................................................................. 3817 HR 1902-- May, Krystalyn; commend ........................................................................ 3818 HR 1903-- Lamar, Ms. Ashley; commend................................................................... 3818 HR 1904-- Pritchard, Ms. Amy; commend.................................................................. 3818 HR 1905-- Chatman, Ms. Valerie; commend .............................................................. 3818 HR 1906-- Spikes, Ms. Schlonda; commend............................................................... 3818 HR 1907-- Pace, Mr. Charm; commend ...................................................................... 3818 HR 1908-- Williams, Ms. Vonceil; condolences ......................................................... 3818 HR 1909-- Eta Phi Beta Sorority, Inc.; 70th anniversary; commend .......................... 3818 HR 1910-- Collins Hill High School softball team; commend.................................... 3819 HR 1911-- Collins Hill High School wrestling team; commend................................. 3819 HR 1912-- Reising, Ryan; commend........................................................................... 3819

INDEX

6595

HR 1913-- Fowler, John Thomas, Jr.; commend......................................................... 3819 HR 1914-- Mountain View High School; commend ................................................... 3819 HR 1915-- Sylvania Information Center; 50th anniversary;
commend.................................................................................................... 3819 HR 1916-- Daniels, Mrs. Nannie Mullis; 102nd birthday; commend ......................... 3819 HR 1917-- Norton, Mr. Gary; commend ..................................................................... 3820 HR 1918-- Richmond Baptist Church; 115th anniversary;
commend.................................................................................................... 3820 HR 1919-- Bikers Month at the capitol; May, 2012; recognize .................................. 3820 HR 1920-- Yu, Gina; commend................................................................................... 3820 HR 1921-- Popham, Mrs. Sandra; commend............................................................... 3820 HR 1922-- Baker, Jesse; commend.............................................................................. 3820 HR 1923-- Hunt, Mr. Kevin; commend....................................................................... 3820 HR 1924-- Cantrell, Alexandria; commend................................................................. 3820 HR 1925-- Wood, Mrs. Sheila; commend ................................................................... 3821 HR 1926-- Beacham, Austin; commend ...................................................................... 3821 HR 1927-- Blackburn, Mr. Andy; commend ............................................................... 3821 HR 1928-- Bristow, Wendy; commend ....................................................................... 3821 HR 1929-- Payne, Mrs. Susan; commend.................................................................... 3821 HR 1930-- Harris, Mr. Dale B.; condolences .............................................................. 3821 HR 1931-- Pike, Sydnie; commend ............................................................................. 3821 HR 1932-- Culverton United Methodist Church; 100th anniversary;
commend.................................................................................................... 3821 HR 1933-- Napier, Lindsey; commend........................................................................ 3822 HR 1934-- Hayes, Ms. Laura; commend ..................................................................... 3822 HR 1935-- Ellenburg, Ms. Alana; commend ............................................................... 3822 HR 1936-- Dykes, Stephanie Nichole; commend........................................................ 3822 HR 1937-- Windincamp, Ms. Sarah; commend........................................................... 3822 HR 1938-- Coosa High School cheerleading squad; commend................................... 3822 HR 1939-- Moraga, William; commend ...................................................................... 3822 HR 1940-- Westbrook, Ms. Barbara; commend .......................................................... 3823 HR 1941-- Owen, Andrew; commend ......................................................................... 3823 HR 1942-- Steelnack, Mr. Robert; commend .............................................................. 3823 HR 1943-- McCain, Ms. Susan; commend.................................................................. 3823 HR 1944-- Johnson, Stewart Van; commend .............................................................. 3823 HR 1945-- Millican, Staff Sergeant Scott; commend.................................................. 3823 HR 1946-- Stephens County High School skills team; commend............................... 3823 HR 1947-- Stephens County High School girls softball team;
commend.................................................................................................... 3824

6596

INDEX

HR 1948-- Community Affairs, Department of; adopt amendments to 2009 International Energy Conservation Code; urge .................. 3893, 4512
HR 1949-- Allen, Sergeant Major Victor E.; commend .............................................. 3962 HR 1950-- Piedmont Newman Hospital; Piedmont Healthcare;
commend.................................................................................................... 3962 HR 1951-- 194th Armored Brigade; commend ........................................................... 3962 HR 1952-- Reformed Theological Seminary; commend ............................................. 3962 HR 1953-- Brumley, Mr. Kenneth Eugene; condolences ............................................ 3963 HR 1954-- Bankoff, Mr. Joseph R.; commend............................................................ 3963 HR 1955-- Patrick Henry statue; artist; committee; businesses;
honor .......................................................................................................... 3963 HR 1956-- Fowler, Mr. W. Wyche, Jr.; commend ...................................................... 3963 HR 1957-- Cleland, Mr. Max; commend..................................................................... 3963 HR 1958-- Terry College of Business at the University of Georgia;
commend.................................................................................................... 3963 HR 1959-- Coweta Water Education Team; commend ............................................... 3963 HR 1960-- Butcher, Ms. Stephanie Ray; commend .................................................... 3964 HR 1961-- Zeanah, Dr. Michelle Reynolds; commend ............................................... 3964 HR 1962-- Alexander, Ms. Elizabeth Tillson; commend ............................................ 3964 HR 1963-- Georgia Water Conservation Week; June 10-16, 2012;
recognize.................................................................................................... 3964 HR 1964-- Johnson, Ms. Cora Lee; commend ............................................................ 3964 HR 1965-- Columbia High School boys basketball team; commend.......................... 3964 HR 1966-- Columbia High School girls basketball team; commend .......................... 3964 HR 1967-- Sumter County; commend ......................................................................... 3965 HR 1968-- Jasper County; commend........................................................................... 3965 HR 1969-- Lee, Miss Vicki; commend........................................................................ 3965 HR 1970-- Miller Grove High School girls basketball team;
commend.................................................................................................... 3965 HR 1971-- Miller Grove High School boys basketball team;
commend.................................................................................................... 3965 HR 1972-- Boys and Girls Clubs of Georgia; Chantil Coleman;
commend.................................................................................................... 3965 HR 1973-- Hynes, Dr. Thomas J. "Tim", Jr.; commend.............................................. 3965 HR 1974-- Jackson, Dr. John A.; commend ................................................................ 3966 HR 1975-- Browning, Ms. Harriette; commend .......................................................... 3966 HR 1976-- Brooks, Mrs. Wanda; Ms. Merilyn Davis; commend................................ 3966 HR 1977-- House Study Committee on the Horse Racing Industry;
create ...................................................................................... 4512, 4705, 5803 HR 1978-- Adjournment; relative to.................................................................. 4600, 4757

INDEX

6597

HR 1979-- Callaway, Mr. Howard H. "Bo"; commend and invite to House ..................................................................................... 4622, 4707, 4760
HR 1980-- Ness, Chip; commend ................................................................................ 4622 HR 1981-- McNeal, Dr. Lorenzo P.; condolences....................................................... 4622 HR 1982-- Jessie, Ms. Iris B.; commend ..................................................................... 4623 HR 1983-- Siege of Beirut; 30th anniversary; lost veterans;
recognize and honor................................................................................... 4623 HR 1984-- Greer, Mr. Fred W., Jr.; commend ............................................................ 4623 HR 1985-- Georgia Tech women's basketball team; commend .................................. 4623 HR 1986-- Foster, Mrs. Runell "Nell" Brooks; commend........................................... 4623 HR 1987-- Golden Isles Aviation; commend .............................................................. 4623 HR 1988-- Central Georgia Electric Membership Corporation;
commend.................................................................................................... 4623 HR 1989-- Piedmont Academy's football team; commend ......................................... 4624 HR 1990-- Chitty, Troy, II; commend ......................................................................... 4624 HR 1991-- Scamihorn, Cheryl; commend ................................................................... 4624 HR 1992-- Piedmont Academy's One-Act Play; commend......................................... 4624 HR 1993-- Johnson, Mrs. Annie Burns; commend...................................................... 4624 HR 1994-- Dilbeck, Mr. William; Mrs. Gail Dilbeck; commend................................ 4624 HR 1995-- Chamblee, Mr. John Henry; commend...................................................... 4624 HR 1996-- Scott, Mr. Alvin Lee; condolences ............................................................ 4624 HR 1997-- Johnson, Mr. Joseph "Joe" Burton; Mrs. Ruby Elizabeth
Johnson; commend .................................................................................... 4625 HR 1998-- Sims, Mother Clara Georgia; commend .................................................... 4625 HR 1999-- Dixon, Honorable Harry D., Sr.; condolences........................................... 4625 HR 2000-- Sprayberry High School; commend........................................................... 4625 HR 2001-- Forrest Hill Academy; commend............................................................... 4625 HR 2002-- Clayton County Family Care, Inc.; commend ........................................... 4625 HR 2003-- Redd, Mr. Aspinwall Hodge "Pat"; condolences....................................... 4625 HR 2004-- Amerson, Representative Amos; commend .............................................. 4625 HR 2005-- Habersham Christian Learning Center, Inc.; commend ............................ 4626 HR 2006-- Gainesville High School Academic Bowl team;
commend.................................................................................................... 4626 HR 2007-- Middlebroooks, Mr. Steve; commend ....................................................... 4626 HR 2008-- Truluck, Emilia; commend ........................................................................ 4626 HR 2009-- Sherman, Ms. Daphne; commend.............................................................. 4626 HR 2010-- Beasley, Mrs. Ardena Miles; condolences ................................................ 4626 HR 2011-- Bennett, Mr. Everett; condolences............................................................. 4626 HR 2012-- Baker, Mr. James Goodman; condolences ................................................ 4627 HR 2013-- Grayson High School football team; commend......................................... 4627

6598

INDEX

HR 2014-- Thompson, Mr. Shane; commend.............................................................. 4627 HR 2015-- House Public Utility Unit Closure, Contracts, and Rates
Study Committee; create.................................................................. 4705, 4924 HR 2016-- Hecht, William H. "Bill"; commend and invite to House ......................... 4760 HR 2017-- Justice, Department of; intervene in death of Trayvon
Martin in Sanford, Florida; urge...................................................... 4924, 5517 HR 2018-- Webb, Mr. Clarence; commend................................................................. 4836 HR 2019-- Wang, Charles; commend.......................................................................... 4836 HR 2020-- Wang, Lisa; commend ............................................................................... 4836 HR 2021-- Graves, Reverend Dwight C.; condolences ............................................... 4836 HR 2022-- Nayak, Simola; commend.......................................................................... 4836 HR 2023-- Henry, Mrs. Carolyn; commend ................................................................ 4836 HR 2024-- Oliver, Ms. Beulah Rucker; commend ...................................................... 4836 HR 2025-- Hughes, Mr. Arthur; commend.................................................................. 4837 HR 2026-- Georgia Conservation Voters; Mayor Kasim Reed;
commend.................................................................................................... 4837 HR 2027-- National Women's Health Week in Georgia; May 13
though 19, 2012; recognize........................................................................ 4837 HR 2028-- Lucier, Mr. Leonardo "Leo", Sr.; commend.............................................. 4837 HR 2029-- Bussey, Mr. Larry W.; commend .............................................................. 4837 HR 2030-- Button Gwinnett Day; second Wednesday of April of
2012; recognize.......................................................................................... 4837 HR 2031-- Lucier, Mr. Leonardo "Little Leo", Jr.; condolences................................. 4837 HR 2032-- McCrary, Sister Madeline; commend........................................................ 4838 HR 2033-- Advancement Via Individual Determination; AVID
Day; March 28, 2012; recognize ............................................................... 4838 HR 2034-- Cardoza, Mr. Randy; commend................................................................. 4838 HR 2035-- Jenkins, Congressman Edgar Lanier; condolences.................................... 4838 HR 2036-- Henley, Mr. Emmitt Wilson, Jr.; condolences........................................... 4838 HR 2037-- Morgan, Mrs. Jean Anderson; commend................................................... 4838 HR 2038-- Bufford, Allen; commend .......................................................................... 4838 HR 2039-- Bradley, Jeannie; commend....................................................................... 4839 HR 2040-- Garrett, Mrs. Sabrina; commend ............................................................... 4839 HR 2041-- Thomas, Cody; commend .......................................................................... 4839 HR 2042-- Williamson, Lee Talbot; commend ........................................................... 4839 HR 2043-- Holmes, Sergeant David Alexander; condolences .................................... 4839 HR 2044-- Houston, Ms. Ann Louise; commend ........................................................ 4839 HR 2045-- Hiram High School team of pre-engineering students;
commend.................................................................................................... 4839

INDEX

6599

HR 2046-- Blairsville Scottish Festival and Highland Games; commend.................................................................................................... 4839
HR 2047-- Thomas, Miss Sadie; commend................................................................. 4840 HR 2048-- Clayton County Parks and Recreation Department;
commend.................................................................................................... 4840 HR 2049-- Heritage High School wrestling team; commend...................................... 4840 HR 2050-- Bridges, Lieutenant Colonel Robert Marvin; commend ........................... 4840 HR 2051-- House Study Committee on Driver Education and DUI
Risk Reduction Programs; create..................................................... 4924, 5517 HR 2052-- Harbison, Mrs. Cecilia; condolences ......................................................... 5289 HR 2053-- National Organization of Black County Officials, Inc.;
commend.................................................................................................... 5289 HR 2054-- State of Israel; commend ........................................................................... 5289 HR 2055-- Trippi, Mr. Charley; commend .................................................................. 5289 HR 2056-- Forest Park High School; commend .......................................................... 5290 HR 2057-- Seydel, Ms. Laura Turner; commend ........................................................ 5290 HR 2058-- Samuel Chapter #92; Order of the Eastern Star;
President Kay Jackson; commend ............................................................. 5290 HR 2059-- Jackson, Ms. Lisa P.; commend................................................................. 5290 HR 2060-- McGaha, Dr. Gary A.; commend............................................................... 5290 HR 2061-- Hightower, Mr. Michael; commend .......................................................... 5290 HR 2062-- Pirates Day on Lake Lanier; July 21, 2012; recognize.............................. 5290 HR 2063-- Boy Scouts of America Troop 51; commend ............................................ 5290 HR 2064-- Good Growth DeKalb; commend.............................................................. 5291 HR 2065-- Tricoli, Anthony; commend....................................................................... 5291 HR 2066-- Lucy C. Laney High School boys basketball team;
commend.................................................................................................... 5291 HR 2067-- Gateway Martial Arts; commend............................................................... 5291 HR 2068-- Cheeley, Ms. Selma McDonald Medlock; condolences............................ 5291 HR 2069-- Brown, Pastor Jerry L.; commend ............................................................. 5291 HR 2070-- Bryant, Dr. Thomas E.; condolences ......................................................... 5291 HR 2071-- We Are Clayton Magazine; commend ...................................................... 5292 HR 2072-- Roberts, Andrew Andersen; commend...................................................... 5292 HR 2073-- Georgia Perimeter College; commend....................................................... 5292 HR 2074-- Diabetic Peripheral Neuropathy Alert Day; June 20,
2012; recognize.......................................................................................... 5292 HR 2075-- World Affairs Council of Atlanta; commend ............................................ 5292 HR 2076-- Hamrick, Mr. Verner Spence "Sug"; condolences .................................... 5292 HR 2077-- Lovell, Dr. V.C.; condolences ................................................................... 5292 HR 2078-- Tillman, Ms. Donna Elizabeth; condolences............................................. 5292

6600

INDEX

HR 2079-- Segars, Matthew Jonathon; commend ....................................................... 5293 HR 2080-- Ellenburg, Ms. Alana; commend ............................................................... 5293 HR 2081-- Barber, Pastor Leroy; "Green My Hood" initiative;
commend.................................................................................................... 5293 HR 2082-- Swanson, Ms. Betty; commend ................................................................. 5293 HR 2083-- Hinton, Mr. Russell; commend.................................................................. 5293 HR 2084-- Stanford, Mr. Detrick; commend............................................................... 5293 HR 2085-- Roberts, Andrew Andersen; commend...................................................... 5293 HR 2086-- Henry W. Grady High School Mock Trial Team;
commend.................................................................................................... 5294 HR 2087-- Warner, Chad; commend ........................................................................... 5294 HR 2088-- Hanner, Representative Bob; commend .................................................... 5294 HR 2089-- Georgia House of Representatives; begin conversation
to look at policy that will empower undocumented students access to higher education; urge.................................................. 5517 HR 2090-- 2012 legislative session administrative assistants; commend.................................................................................................... 5430 HR 2091-- Lee, Dr. Darrell; commend ........................................................................ 5430 HR 2092-- Wilson, Kayli Michelle; commend............................................................ 5430 HR 2093-- Perry, Ms. Hattie Mae; commend.............................................................. 5430 HR 2094-- Bauman, Mr. Bruce; commend.................................................................. 5430 HR 2095-- Collins, Brad; commend ............................................................................ 5430 HR 2096-- Buford High School softball team; commend ........................................... 5430 HR 2097-- Buford High School literary team; commend............................................ 5430 HR 2098-- Cotto, Kelsy; commend ............................................................................. 5431 HR 2099-- Carlton, Chad & Julie; commend .............................................................. 5431 HR 2101-- Hudson, Representative Helen "Sistie"; commend ................................... 5637 HR 2102-- James, Representative Lynmore; commend .............................................. 5637 HR 2103-- Heckstall, Representative Joseph B.; commend ........................................ 5637 HR 2104-- Dobbs, Representative Elly; commend...................................................... 5638 HR 2105-- Benfield, Representative Stephanie Stuckey; commend ........................... 5638 HR 2106-- Abdul-Salaam, Representative Roberta; commend................................... 5638 HR 2107-- Horne, Representative William; commend................................................ 5638 HR 2108-- Hudson, Representative Helen G. "Sistie"; commend............................... 5638 HR 2109-- Georgia Guard soldiers; airmen; others who have fallen; honor .......................................................................................................... 5638 HR 2110-- Cole, Mr. Kevin; commend ....................................................................... 5638 HR 2111-- Johnson, Ms. Daisy Mae; commend.......................................................... 5639 HR 2112-- Honor Guard of Shanklin-Attaway Post Five American Legion; commend ...................................................................................... 5639

INDEX

6601

HR 2113-- Lee, Mr. Keon; commend .......................................................................... 5639 HR 2114-- Siffles, Brandon; commend ....................................................................... 5639 HR 2115-- Anderson, Chief Jimmy; commend ........................................................... 5639 HR 2116-- Bandy, Captain Ben; commend ................................................................. 5639 HR 2117-- Purcell, Firefighter Jim; commend ............................................................ 5639 HR 2118-- Cancer Treatment Centers of America; commend .................................... 5639 HR 2119-- Neely, Dr. Phillip R., Jr.; commend .......................................................... 5640 HR 2120-- Ferrell, Ms. Tiana; commend..................................................................... 5640 HR 2121-- Brown, Pastor Jerry L.; commend ............................................................. 5640 HR 2122-- Woodley, Dr. Lateshia; commend ............................................................. 5640 HR 2123-- Screven County Development Authority; commend................................. 5640 HR 2124-- Hapeville, City of; commend..................................................................... 5640 HR 2125-- Wilson, Dr. Johnny L.; commend.............................................................. 5640 HR 2126-- Brown, Ms. Angela Elizabeth; commend.................................................. 5640 HR 2127-- Goggins, Austin David; commend ............................................................ 5641 HR 2128-- Coker, Mr. William Douglas "Doug", Sr.; condolences............................ 5641 HR 2129-- Henderson Mill Elementary School; commend......................................... 5641 HR 2130-- Stuart, Reverend David; commend............................................................ 5641 HR 2131-- Kilpatrick, Mrs. Krisztina; commend ........................................................ 5641 HR 2132-- Poole, Ms. Monica; commend ................................................................... 5641 HR 2133-- Williams, Jamichael; commend................................................................. 5641 HR 2134-- White County High School's Warrior Television
Network; recognize.................................................................................... 5641 HR 2135-- Collins, Jack; George Cook; recognize ..................................................... 5642 HR 2136-- Gailey, Mr. Gerald; condolences ............................................................... 5642 HR 2137-- Great American Cleanup in Georgia; kickoff; recognize.......................... 5642 HR 2138-- Reinhardt, Officer Bennie Eugene; condolences....................................... 5642 HR 2139-- Caylor, Pastor Max Carter; commend ....................................................... 5642 HR 2140-- Victory of the World Church; commend ................................................... 5642 HR 2141-- Robinson, Judge Dorothy A.; commend.................................................... 5642 HR 2142-- Log Cabin Community Church; commend................................................ 5642 HR 2143-- Whittle, Deputy Sheriff Derrick Lee; condolences ................................... 5643 HR 2144-- Jordan, Mrs. Julie; commend..................................................................... 5643 HR 2145-- Henry County E2: Economics and Education Task
Force; commend ........................................................................................ 5643 HR 2146-- Bonello, Ms. Alethea R.; commend........................................................... 5643 HR 2147-- Benfield, Representative Stephanie Stuckey; commend ........................... 5643 HR 2148-- Vinings Historic Preservation Society; commend..................................... 5643 HR 2149-- Cook, Mr. Tom; commend ........................................................................ 5643

6602

INDEX

HR 2150-- Wynn-Dixon, Dr. Evelyn; commend......................................................... 5643 HR 2151-- The Home Depot Foundation; commend .................................................. 5644 HR 2152-- Welch, Reverend Terrie; commend........................................................... 5644 HR 2153-- Mosley, Ms. Faye; commend..................................................................... 5644 HR 2154-- Prevatt, Mr. Harry Wilson; condolences ................................................... 5644 HR 2155-- Beverly, Mrs. Mary Patricia "Pat"; condolences ....................................... 5644 HR 2156-- Smith, Mrs. Ann Georgine Cash; condolences.......................................... 5644 HR 2157-- Rivers, Mrs. Mary Lenas; condolences ..................................................... 5644 HR 2158-- McDonald, Mr. James B. "Jim"; condolences........................................... 5644 HR 2159-- Sutton, Mr. William Harris; condolences .................................................. 5645 HR 2160-- Sears, Mr. Wayne; condolences................................................................. 5645 HR 2161-- White, Mrs. Leatrice W.; condolences ...................................................... 5645 HR 2162-- Capps, Mrs. Carole Dalton; condolences .................................................. 5645 HR 2163-- Bokor, Mrs. Iris Faye; condolences........................................................... 5645 HR 2164-- Tomlinson, Mrs. Julie Carmichael Pierce; condolences............................ 5645 HR 2165-- Scurry, Mr. Raymond Keith; condolences ................................................ 5645 HR 2166-- Tanner, Mr. Eustace Bernell "Dick"; condolences.................................... 5645 HR 2167-- The Latin American Association; commend ............................................. 5707 HR 2168-- Queen, Jordan Douglas; condolences ........................................................ 5707 HR 2169-- Gordon Lee High School wrestling team; commend ................................ 5707 HR 2170-- Ledbetter, Mr. Steven Russell; condolences.............................................. 5707 HR 2171-- Wilson, Captain Harry "Ken"; recognize .................................................. 5707 HR 2172-- Epsilon Nu Chapter of Kappa Alpha Order; commend............................. 5708 HR 2173-- Water Energy Technologies, Incorporated; commend .............................. 5708 HR 2174-- Deal, First Lady Sandra; commend ........................................................... 5802 HR 2175-- Bryant, Ms. Tracye D.; commend ............................................................. 5802 HR 2176-- Onabanjo, Dr. Babs Olusegun; commend ................................................. 5802 HR 2177-- Brown, Major General Robert; commend ................................................. 5802 HR 2178-- Ivy, Mrs. Mattie Wilcox; commend .......................................................... 5802 HR 2179-- Stewart Foundation, The; President Hank Stewart;
commend.................................................................................................... 5802 HR 2180-- Gibson, Mr. Lamar; condolences............................................................... 5802 HR 2181-- Hansford, Miss Joel Francis; condolences................................................. 5803 HR 2182-- Dixon, Honorable Harry D.; condolences ................................................. 5803 HR 2183-- Maddox, Reverend Charlie James, Sr.; commend..................................... 5803 HR 2184-- Parks, Ms. Lillie Mae; condolences........................................................... 5803 HR 2185-- McNabb, Mr. Mike; commend .................................................................. 5803 HR 2186-- Borum, Mr. Bradford R.; Ms. Shannon Leigh Wallace;
commend.................................................................................................... 5803

PART IV
SENATE BILLS IN HOUSE
SB 8-- State Accounting Officer; contract with a third party to audit state contracts.............................................................. No Action in 2012
SB 9-- Georgia Energy Freedom Act; cap and trade; permit Gov. to delay implementation.............................................. No Action in 2012
SB 21-- Revenue Dept. ; no audit shall be conducted after three yrs; filing of return............................................................... No Action in 2012
SB 26-- Firearms; prohibit any additional limitations during states of emergency ............................................................. No Action in 2012
SB 31-- Evidence; extend the attorney-client privilege to third persons ....................................................................................................... 4600
SB 32-- Public Service Commission; procedure for issuance stocks, bonds; exemptions ................................................... No Action in 2012
SB 33-- Waste Reduction Act of 2011; Zero-Base Budgeting Act; application................................................................................ 6108, 6157
SB 34-- Education; students in charter schools/virtual schools; extracurricular............................................................................................ 4706
SB 37-- State Properties Commission; multiyear lease agreements ............................................................................. 4921, 5435, 5929
SB 38-- Education; authority for State School Superintendent to employ/dismiss employee.............................................................................. 29
SB 40-- Public Contracts; federal work authorization program........ No Action in 2012 SB 50-- Courts; add certain fees for funding of local victim
assistance programs ............................................................... 3733, 5324, 5929 SB 52-- Courts; require marshals; notify protected persons;
protective orders ........................................................................................ 3733 SB 61-- Commerce; incandescent light bulbs; Georgia; not
subject to federal regulation................................................. No Action in 2012 SB 62-- State; no private property shall be alienated; exercise of
state sovereignty ........................................................................................ 3691 SB 63-- Georgia Medical Assistance Fraud Prevention Program;
enact ..................................................................................... No Action in 2012 SB 66-- Perfusionists; revise continuing education requirements;
definition.............................................................................. No Action in 2012 SB 67-- Nurses; prohibit the use of the title "nurse"; licensed as
a registered nurse ................................................................. No Action in 2012 SB 84-- DeKalb County School System; provide a code of
ethics .................................................................................... No Action in 2012

6604

INDEX

SB 92-- Elections; limitations on when in-person absentee balloting may be conducted ................................................... 5463, 5476, 5801
SB 98-- Firearms; exemption from application of certain laws; valid carry licenses..................................................................................... 4622
SB 101-- Elections; poll officers; provide for the Student Teen Election Participant.......................................................................... 1399, 3958
SB 102-- Firearms; carrying/possession; definitions; penalties; issuance/qualifications ......................................................... No Action in 2012
SB 107-- Superior Courts; increase penalties that can be imposed for contempt of court ............................................................ 1152, 1156, 1234, 3733
SB 109-- Elections; adjust dates for certain elections to be held 2012 ..................................................................................... No Action in 2012
SB 110-- Waste Management; restrictions on municipal solid waste landfill sites; prov. ...................................................... 3734, 3955, 4749, 5565, 5646
SB 113-- Local government; municipal corporations; contracts .......... 4921, 5319, 6156
SB 114-- Distilled Spirits; issuance of a manufacturer's/distiller's license .................................................................................... 4509, 5697, 6135
SB 117-- Levy/Sale of Property; increase the amount of certain exemptions .................................................................................. 218, 219, 236, 1220, 4900
SB 119-- Education; tuition equalization grants/HOPE scholarship; revise definitions ............................................. No Action in 2012
SB 136-- Property; provide for transfer of control of a condominium association ........................................................... 239, 241, 269, 4600, 5426
SB 138-- License Plates; require a sworn statement by an applicant for a tag renewal................................................................. 848, 2791
SB 143-- Massage Therapy Practice; applicant for a license shall provide information ............................................................... 3734, 4821, 6135
SB 147-- Public Official; prohibit from granting themselves licenses waiving requirement .............................................. No Action in 2012
SB 150-- Alcoholic Beverages; sale of distilled spirits; public golf courses ......................................................................... No Action in 2012
SB 151-- State-wide Reserve Ratio; extend suspension of adjustments; provide for increase ........................................ No Action in 2012
SB 153-- Education; professional development plans for personnel who have deficiencies .......................................... 1410, 1414, 1438, 3732, 5012
SB 155-- Jarrett Little Act; indemnification payment; does not have unremarried spouse ..................................................... No Action in 2012

INDEX

6605

SB 162-- Rules of the Road; driving under influence; illegal aliens is a felony .................................................................. No Action in 2012
SB 168-- Rules of the Road; dedicate the Georgia Move-Over law in memory of Spencer Pass........................................... No Action in 2012
SB 176-- Open/Public meetings; authorize all agencies to conduct meetings teleconference......................................................... 1662, 1668, 1948
SB 177-- Health Care Compact; adopt................................................ No Action in 2012
SB 181-- Attorney General; prohibit contingent compensation under certain circumstances....................................................................... 6047
SB 183-- Education; school health nurse programs; revise provisions............................................................................................. 270, 963
SB 184-- Teachers/School Personnel; provide requirements for reduction in force policies ............................................................................. 30
SB 186-- Fire Protection; consolidate; fire protection/safety service; single agency .......................................................... No Action in 2012
SB 189-- Stockbridge, City of; form of government; change provisions............................................................................. No Action in 2012
SB 191-- Jury Composition Reform Act of 2011; provide for a modernized and uniform system.......................................... No Action in 2012
SB 199-- Insurance; Commissioner authority to impose penalties; licensed under Title 33......................................................... No Action in 2012
SB 203-- Insurance; certain individuals who collect/input data; automated claims; exempt ...................................................... 103, 5568, 5647, 5796, 6171, 6246
SB 206-- Wildlife Control Permits; provisions................................... No Action in 2012
SB 210-- Torts; provide for liability for violations of laws relating to abortion............................................................... No Action in 2012
SB 219-- Interstate Compact on Educational Opportunity for Military Children; adopt ...................................................... No Action in 2012
SB 220-- Board of Regents; provide multiyear lease agreements ...... No Action in 2012
SB 223-- Georgia Government Accountability Act; establish.................... 171, 182, 203
SB 225-- Criminal Offenses; provide for new offense of transmitting a false report ........................................................... 344, 346, 601, 3756, 4806, 5512, 5828
SB 226-- DeKalb County; board of education; revise the composition; nonpartisan election ....................................... No Action in 2012
SB 227-- Education; declarations of intent/attendance records for home study programs.................................................................. 344, 346, 601, 3759, 4602, 6135
SB 231-- Probation; provide additional offenses; first offender status; not granted .............................................................................. 197, 1259

6606

INDEX

SB 234-- Georgia Public Revenue Code; extensively revise; ad valorem tax assessments ....................................................... 4600, 4964, 5733, 5810, 5932, 5967, 6138, 6285
SB 236-- Drivers' Licenses; persons convicted under the influence; limited permits ........................................................ 867, 4886, 6136
SB 238-- Handicapped Persons; motorized wheelchair/scooter; after dark; reflectors ............................................................. 1952, 1960, 2166, 3895
SB 245-- Mental Health; revise the definition of "developmental disability" ............................................................................. No Action in 2012
SB 246-- Retirement; provide an increase in the employee contribution; retirement benefit .................................................. 954, 957, 991, 3734, 5010, 5798
SB 257-- Local Government; clarify development authorities are authorized.............................................................................. 2173, 2181, 2745, 4600
SB 268-- Board of Education of Jones County; elections; members nonpartisan basis .......................................................... 21, 853, 4865
SB 273-- Lumpkin County; provide chief magistrate appoint clerk of the Magistrate Court ............................................... No Action in 2012
SB 274-- Macon, City of; City of Payne City; Bibb County; provide for the restructuring ................................................ No Action in 2012
SB 279-- Macon-Bibb County Water and Sewerage Authority Act; provide appointment ........................................................................ 21, 50
SB 284-- Georgia Land Bank Act; governing creation/operation of land banks; prov. .............................................................. 2173, 2182, 2745, 4685, 5338, 5824
SB 286-- Retirement; tax commissioner; membership; Employees' Retirement System .................................................. 954, 958, 991, 3734, 5327, 6136
SB 288-- Physicians; authorize the administration of vaccines by pharmacists/nurses ................................................................. 2174, 2182, 2745
SB 289-- Education; require students; one course containing online learning ...................................................................... 1410, 1414, 1438, 3732, 4828, 6136
SB 292-- Social Responsibility and Accountability Act; enact ........... 2736, 2783, 3652, 4600
SB 293-- License Plates; require the nation's motto, "In God We Trust" (PF) ............................................................................ 1662, 1668, 1948, 3966, 5419, 6261

INDEX

6607

SB 300-- Food Standards; to require proper labeling of bottles containing sugar cane.................................................................. 240, 241, 269, 1235, 3706, 5824
SB 301-- Hunting; authorize the use of silencers on hunting firearms under circumstances ...................................................... 240, 241, 269
SB 302-- Georgia Higher Education Facilities Authority; increase the amount of bonding ................................................................ 322, 324, 342, 3784, 4885
SB 303-- Board of Education of Stewart County; reconstitute the board of education ...................................................................... 954, 958, 991, 2746, 2762, 3744
SB 304-- Board of Commissioners of Stewart County; change description of the commissioner................................................. 955, 958, 991, 2746, 2767, 3744
SB 305-- Georgia Lemon Law; increase the fee to be collected by new motor vehicle dealers ........................................................... 344, 346, 601
SB 306-- Board of Ed. of Thomas County; change the description of the education districts ............................................................. 218, 219, 236, 824, 842
SB 307-- Game and Fish; create a one-day salt-water shore fishing license .............................................................................. 240, 241, 269
SB 309-- Taylor's Law; authorize issuance; special hunting privileges terminal illness ........................................................... 240, 242, 269, 1220, 3627
SB 312-- Public Assistance; applicants; temporary assistance; personal growth activities ..................................................... 2591, 2784, 3652, 4600
SB 316-- Civil Practice; increase the tolling period for limitations for tort actions........................................................................ 1410, 1415, 1438
SB 317-- Board of Education of Baldwin County; change the description................................................................................... 219, 220, 236, 926, 935, 1152
SB 318-- Board of Commissioners of Baldwin County; change the description............................................................................. 219, 220, 236, 926, 944, 1152
SB 319-- State Parks; use of boats; revise certain provisions.................... 344, 346, 601, 3689, 4817, 5929
SB 321-- Secondary Metal Recyclers; comprehensive revision of provisions.............................................................................. 1952, 1960, 2166, 3760
SB 323-- Lowndes County; change the description of the commissioner districts ............................................................... 993, 998, 1128

6608

INDEX

SB 324-- Veterinary Medicine; clarify a certain definition ................. 1326, 1330, 1398, 3689, 4826, 5929
SB 331-- Insurance; closing protection letters; provide for premiums .................................................................................. 993, 998, 1128, 3690, 3807
SB 332-- County Sales/Use Tax; expand the matters included in annual reporting .................................................................... 1326, 1330, 1398, 4685, 5354, 5511, 5578
SB 333-- Property; notices of sales made on foreclosure under power of sale; debtors ................................................................. 884, 886, 926, 3733, 5448, 6284
SB 337-- Insurance; limitations on licensure req. for certain health care providers................................................................... 803, 804, 822, 3894, 4855, 6137
SB 338-- "Georgia Volunteers in Dentistry and Dental Hygiene Act"; provide......................................................................... 1326, 1331, 1398, 3732, 3825
SB 339-- Georgia Aviation Authority; provide transfer to Dept. of Natural Resources................................................................... 803, 804, 822, 901, 1221, 1671, 3744
SB 343-- State Accounting Office; designate as the Comptroller General; transfer office ............................................................... 844, 845, 866, 1399, 3675
SB 346-- State Board of Pharmacy; prescription drugs by mail/other common carriers; prov. ....................................... 1953, 1960, 2166, 3732, 3960
SB 350-- Crimes and Offenses; disposition of firearms used in burglaries/armed robberies ................................................... 2600, 2784, 3652, 3760, 5475, 5572, 5703
SB 351-- Municipal Courts; req. same training; exercising municipal court jurisdiction ........................................................ 844, 845, 866, 3733, 4682, 5825
SB 352-- Prosecuting Attorneys; provide; probate courts, municipal courts.......................................................................... 844, 846, 866, 3756, 4687, 5929
SB 354-- Board of Commissioners of Toombs County; reconstitute the board of commissioners .............................. 3779, 3783, 3894, 4706, 4732, 6137
SB 355-- Domestic Relations; child abuse; expand mandatory reporting requirements........................................................... 2174, 2182, 2745

INDEX

6609

SB 356-- Superior Courts; provide additional judge of the BellForsyth Judicial Circuit......................................................... 2246, 2784, 3652, 3838, 4808, 5930
SB 357-- Agriculture; repeal the "Georgia Treated Timber Products Act of 1973"................................................................. 885, 886, 926, 3689, 4854
SB 358-- State Government; require this state to reciprocate the preferences; res. vendor ............................................................ 993, 998, 1128, 1695, 3754
SB 360-- Fish and Fishing; include certain tilapia species as domestic fish .......................................................................... 1326, 1331, 1399
SB 361-- Healthcare Facilities; expand provisions; nationally recognized health care .......................................................... 1326, 1331, 1399, 3732, 3837
SB 362-- Submerged Cultural Resources; permits; authorization to contract; provisions........................................................... 1153, 1156, 1234, 3734, 4682, 4862, 5431
SB 363-- Board of Commissioners of Thomas County; commissioner districts ................................................................ 631, 633, 797, 991, 1074
SB 365-- Property; collected funds; change prov.; residential real property; provide form.......................................................... 1662, 1668, 1948, 3838, 4800, 5511, 6117
SB 366-- Juvenile Justice Dept.; revise restrictions; possessions of contraband ............................................................................ 993, 998, 1128, 3760, 3830, 5511, 6259
SB 367-- Ag. Commissioner; authorized to require; civil penalties to obtain a surety bond.......................................................... 1254, 1257, 1295, 3689, 4804
SB 368-- Nurses; provide for continuing competency requirements; renewal of licenses......................................... 2514, 2784, 3652, 3768, 4761, 5512, 5826, 5992
SB 369-- Natural Resources; extension of the automatic repeal code section 12-5-9............................................................... 1153, 1157, 1234, 3734
SB 370-- Controlled Substances; Schedule I and V controlled substance; "dangerous drug"................................................. 1327, 1332, 1399, 3756, 3951, 4950

6610

INDEX

SB 371-- Aviation; provide for local governments' ability to accept community improvement........................................... 1662, 1669, 1948, 3690, 4802
SB 372-- "Disposition of Veterans' Cremated Remains Act"; provide for a determination .................................................. 1577, 1581, 1656, 3733, 3826, 5824
SB 373-- Counties; provide authority; vehicle for hire; transport passenger in wheelchair ........................................................ 2174, 2183, 2745, 4702
SB 378-- Controlled Substances; definition of written prescriptions for danger drugs ............................................... 1410, 1415, 1438
SB 379-- Pawnbrokers; provide limitations regarding certain fees or taxes; transactions.............................................................. 2616, 2785, 3652
SB 380-- Pharmacist and Pharmacies; change definition of security paper........................................................................ 2519, 2785, 3652, 4599, 5004, 5512
SB 381-- Local Government; electronic transmission of budgets; change certain definitions ...................................................... 1953, 1961, 2166
SB 382-- Public Service Commission; change description of the election districts .................................................................... 1411, 1415, 1438, 3642, 3760, 4957
SB 383-- 'Georgia International Commercial Arbitration Code'; repeal Part 2 .......................................................................... 1255, 1257, 1295, 3733, 4805
SB 385-- Insurance Commissioner; confidentiality of certain records; exceptions ............................................................... 1411, 1415, 1438, 3690, 4841, 5930
SB 386-- Adv. Practice Registered Nurses; delegation of authority to order radiographic .............................................. 2175, 2183, 2745
SB 388-- Board of Commissioners of Decatur County; description of commissioner districts ....................................... 994, 999, 1128, 1297, 1324
SB 389-- Board of Education of Decatur County; description of the education districts ............................................................... 994, 999, 1128, 1297, 1324
SB 390-- Agriculture; provide immunity from civil liability for the agency designated ........................................................... 1255, 1258, 1295, 3689, 3751, 5930
SB 392-- Board of Education of Marion County; description of education districts ..................................................................... 994, 999, 1128, 1400, 1408

INDEX

6611

SB 393-- Board of Education of Ware County; change description of the education districts ...................................... 994, 1000, 1128, 4925, 4948
SB 394-- Board of Commissioners of Marion County; description; commissioner districts ............................................ 955, 959, 991, 1527, 1575
SB 395-- Sales and Use Tax; allow certain taxes to be imposed at a rate of less than 1 % ............................................................ 1153, 1157, 1234
SB 396-- Herty Advanced Materials Development Center; change prov.; rename and transfer .................................................... 1327, 1332, 1399, 3690, 4815
SB 397-- Board of Education of Hall County; change the description of the education dist. ................................................ 955, 959, 991, 1400, 1408
SB 402-- "Employees' Retirement System of Georgia Enhanced Investment Authority Act".................................................... 1411, 1416, 1438, 2583, 4907, 5825
SB 403-- Education; school health nurse programs; revise provisions.............................................................................. 1953, 1961, 2166, 3732, 5000, 6285
SB 404-- Education; provide for development of category -level expenditure controls.............................................................. 1953, 1961, 2166, 3732, 4997
SB 405-- Student Achievement Office of; confidential student data; Dept. of Ed.; breach ..................................................... 1954, 1962, 2166, 3784, 4958
SB 407-- Health; repeal creation of the Health Strategies Council, Clinical Laboratory ............................................................... 2175, 2183, 2745, 3732, 4695
SB 410-- Education; provide annual indicators of the quality of learning by students .............................................................. 2175, 2183, 2745, 3732, 5357, 5819, 5869, 6156
SB 411-- Georgia Sheriffs' Cooperative Authority; create ................... 2520, 2785, 3652
SB 412-- County Boards of Education; delay effective date of Code section.......................................................................... 1954, 1962, 2166, 3689, 4686
SB 413-- Probate Court of Glascock County; provide elections; office of judge....................................................................... 1327, 1332, 1399, 1518, 3626
SB 414-- Music Therapists; require licensure by the Secretary of State ...................................................................................... 2175, 2184, 2745, 4509, 5307, 5801

6612

INDEX

SB 416-- Insurance, Dept. of; authorize to develop exchange standards ............................................................................... 2176, 2184, 2745, 3690, 3834, 6267
SB 424-- Foundations of American Law and Government Displays; revise prov. ........................................................... 1954, 1962, 2166, 4508
SB 427-- Administrative Procedure; require agency procedures for timely processing ............................................................ 1954, 1962, 2166, 3760, 4998, 5423, 5825
SB 428-- Administrative Procedure; agency reports regarding federal gov. mandates ........................................................... 2176, 2185, 2745, 4508, 4960
SB 429-- General Assembly; fiscal notes for bills changing compensation; change prov. .................................................. 1954, 1963, 2166
SB 430-- State Senate Districts; revise certain boundaries .................. 1663, 1669, 1948, 3760, 3950
SB 431-- Forgery and Fraudulent Practices; add medical identity fraud ...................................................................................... 2176, 2185, 2745, 4906, 5313, 5801, 5826
SB 432-- Crimes and Offenses; define a certain term; political subdivision ............................................................................ 2600, 2786, 3652, 3895, 5702
SB 433-- Dalton-Whitfield County Charter and Consolidation Commission; referendum results .......................................... 1327, 1332, 1399, 3768, 3776
SB 435-- Board of Education of Webster County; change the description of the ed. district ................................................ 1328, 1333, 1399, 1527, 1576
SB 436-- Magistrate Court of Webster County; provide the terms of office of magistrates ......................................................... 1412, 1416, 1438, 1527, 1576
SB 438-- State Employees' Health Insurance Plan; no health insurance plan; abortion......................................................... 2688, 2786, 3652
SB 441-- Obstruction of Public Admin.; establish the offense of unlawful offense ................................................................... 1578, 1581, 1656, 3756, 4961, 5930
SB 446-- Fire Protection and Safety; buildings; transfer certain functions................................................................................ 1663, 1669, 1948, 3690, 4766, 5931

INDEX

6613

SB 447-- Employment Security; unemployment compensation; prov. ...................................................................................... 1447, 1450, 1526, 4706
SB 448-- 'Small Business Borrower Protection Act'; enact ................. 1578, 1582, 1656, 4705
SB 458-- Government; modify provisions; verification, procedures; public benefits ................................................... 2176, 2185, 2745, 3760, 5510
SB 459-- Electric Utilities; consumers may elect not to use smart meters..................................................................................... 2782, 2786, 3652
SB 460-- Insurance; provide a religious exception; health benefit policy; contraceptives ............................................................ 2592, 2787, 3652
SB 462-- Board of Elections and Registration of Rockdale County; revise procedures .................................................... 3943, 3947, 4512, 4706, 4740
SB 464-- Fish and Fishing; limit the number of commercial crabbing licenses issued........................................................ 2177, 2185, 2745, 3689, 4858, 6157
SB 469-- Labor; provide prov. prohibiting mass picketing shall apply to private residence ..................................................... 2782, 2787, 3652, 4706, 5463, 5510, 5799
SB 470-- Patient Self-Referral; revise the definition of "rural area" ...................................................................................... 2177, 2186, 2745, 4599, 5705, 6137
SB 471-- Insurance; authorize Insurance Comm. to establish coalition; medical policies ..................................................... 2610, 2787, 3652
SB 473-- License Plates; veterans awarded Purple Hearts; include persons still serving .............................................................. 2246, 2788, 3652, 3966, 4696
SB 477-- Baker County; board of elections and registration; reconstitute............................................................................ 2177, 2186, 2745, 3733, 3740
SB 480-- Chatham County; change the description of the commissioner districts .......................................................... 4917, 4919, 4924, 5517, 5518
SB 481-- Savannah, City of; Chatham County; change the description of the education dist. .......................................... 4917, 4919, 4924, 5517, 5518
SB 483-- Public Service Commission; chairperson; change the term/manner of election ........................................................ 2177, 2186, 2745, 4508, 5441, 5931

6614

INDEX

SB 489-- Georgia Trauma Care Network Commission; report annually; House/Senate Committees .................................... 2616, 2788, 3652, 3732, 4685
SB 492-- State Purchasing; require state contracts; heavy equipment; specific procedures ............................................ 2648, 2788, 3652, 3733, 3961, 4681, 4913, 5440, 5629, 5691, 6137
SB 493-- Firearms; authorize persons between the ages of 18 and 21 to carry firearms............................................................... 2610, 2788, 3652, 4707
SB 494-- Commission of Athens-Clarke County; change the composition/description; district .......................................... 1955, 1963, 2166, 2746, 2772
SB 495-- Woodstock, City of; change the corporate limits of the city ........................................................................................ 3669, 3674, 3688, 3733, 3741
SB 506-- State Government; provide state immunity extend to certain health care providers ................................................. 2616, 2789, 3652, 4599
SB 514-- Cherokee County; homestead exemption; ad valorem taxes for county purposes ..................................................... 3700, 3704, 3732, 4925, 4948
SB 515-- Americus, City of; date of expiration of office for terms of councilmembers................................................................ 3742, 3745, 3767, 3895, 3909
SB 516-- Magistrate Court of Chatham County; collection of add. cost law library fees ......................................................................... 5646, 5707
SB 518-- DeKalb County; change the description of commissioner districts .......................................................... 3700, 3704, 3732, 4512, 4543
SB 519-- Bd of Education of Toombs County; change the description of the education distr.......................................... 3779, 3784, 3894, 4925, 4948
SB 520-- Troup County; create board of elections and registration; powers and duties ............................................. 3701, 3704, 3732, 3895, 3909
SB 523-- Recorder's Court of Gwinnett County; provide for the appointment of the judges..................................................... 3943, 3948, 4512, 4706, 4740
SB 525-- Commissioner of Roads/Revenues; Walker County; modernize, update; revise prov............................................. 3943, 3948, 4512, 4925, 4949

INDEX

6615

SB 526-- Catoosa County; office of commissioner; description of the commissioner district ....................................................... 3943, 3948, 4512
SB 527-- Turner County; board of education; change the description of the education dist. .......................................... 4749, 4758, 4924, 5517, 5518
SB 528-- Turner County; bd of commissioners; change the description............................................................................. 4749, 4758, 4924, 5517, 5519
SB 529-- Cherokee County Development Authority; provide for expanded powers and duties ................................................. 4749, 4758, 4924, 5517, 5519
SB 530-- Mansfield, City of; provide a new charter ............................ 4750, 4759, 4924, 5517, 5519
SB 531-- Municipal Court of Columbus, Georgia; provide nonpartisan elections for judge.............................................. 4918, 4920, 4924
SB 532-- Doraville, City of; change the corporate limits .................... 4750, 4759, 4924, 5517, 5520
SB 533-- Floyd County; provide for nonpartisan elections ................. 4750, 4759, 4924, 5289, 5700
SB 534-- McDonough, City of; provide for incorporation .................. 4918, 4920, 4924, 5517, 5520
SB 537-- McDonough, City of; amend powers of mayor; provide for a city administrator.......................................................... 4918, 4920, 4924, 5517, 5520, 6137

PART V
SENATE RESOLUTIONS IN HOUSE
SR 84-- General Assembly; authorize state entities to enter into multiyear rental agreements; procedures, conditions, and limitations-CA................................................................. 4921, 5432, 5931
SR 642-- General Assembly Convened; notify Governor ...................................... 28, 50 SR 643-- Senate Convened; notify House of Representatives...................................... 28 SR 673-- U.S. Congress; making renewed application to call for a
convention; proposing an amendment to the Constitution of the United States.......................................... 2783, 2789, 3652,
4921, 5511 SR 765-- Property Conveyance; grant nonexclusive easement to
Bryan, Butts, and Liberty counties ....................................... 1450, 1526, 3692, 3755
SR 766-- U.S. Congress; urged to adopt/submit to states a balanced budget amendment to U.S. Constitution and balance current budget ........................................................... 2783, 2789, 3652
SR 843-- Bert Ward Memorial Bridge; Catoosa County; dedicate...... 2617, 2789, 3652, 4702, 4866, 5932
SR 873-- Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ........................ 2616, 2790, 3652, 4921, 5366, 5932